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Searching Content indexed under Real Estate by Lewis Brisbois Bisgaard & Smith LLP ordered by Published Date Descending.
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Dove v. State Farm Fire & Casualty Company
In Dove v. State Farm Fire & Cas. Co., 2017-NMCA-051, the New Mexico Court of Appeals ("NMCA") reversed the trial court's entry of summary judgment in favor of State Farm Fire & Casualty Company.
United States
8 May 2019
2
Professional Liability Newsletter - Holiday Edition, Fall 2018
Oh, the weather outside is frightful, But the fire is so delightful, And since we've no place to go, Let it snow, let it snow, let it snow!
United States
30 Nov 2018
3
Lewis Brisbois Client Obtains Summary Judgment In New York Indemnity And Defense Claim
Lewis Brisbois recently obtained a summary judgment dismissal of a third-party suit alleging that the firm's insured steel company client must indemnify and defend the general contractor in an injured worker's suit.
United States
22 Jun 2018
4
Federal Court Compels Arbitration Of Contractor's Claims Against Engineer
In a recent case, Lewis Brisbois successfully moved a federal court to compel arbitration of all of a contractor's claims against an engineering firm and to preclude an interlocutory appeal of the ruling.
United States
19 Jun 2018
5
Laymon V. J. Rockcliff, Inc. – An Arbitration Clause Reminder
"California has a strong public policy in favor of arbitration," and therefore, courts generally enforce arbitration clauses unless it is clear that the language of the clause does not cover the asserted dispute.
United States
19 Jul 2017
6
Through A Condo Owner's Looking Glass - A Shade Of Green – Or Is That Gray?
In an action applying Florida law, a federal district judge ruled in favor of a Directors and Officers liability insurer...
United States
7 Apr 2017
7
Reconsidering Position On Covered Property Damage During Appraisal To Further Claim Resolution Does Not Warrant Bad Faith Damages
After a hailstorm, Insureds sought recovery for damage from their property carrier. The initial adjuster estimated the covered damage at less than the deductible...
United States
7 Apr 2017
8
No Duty Owed By Architect To Adjacent Property Owner Under Louisiana Law
Plaintiff property owners filed suit against the architect who designed houses built on neighboring property, alleging the acts and omissions of the architect in designing the houses resulted in....
United States
7 Apr 2017
9
Horiike v. Coldwell Banker - Dual Agent Liability
The California Civil Code permits an agent to represent both the buyer and seller in a real estate transaction, so long as the agent receives consent from both parties after full disclosure.
United States
4 Jan 2017
10
Florida Supreme Court Adopts Concurrent Cause Doctrine For Property Damage Claims With Multiple Causes
In a long-awaited decision, the Florida Supreme Court in Sebo v. American Home Assurance Co., Inc...
United States
3 Jan 2017
11
Florida Supreme Court Holds Bad Faith By Insurer Not Required For Award Of Insured's Attorney's Fees
This decision involved a homeowner who filed a claim under her homeowner's insurance policy for sinkhole damage.
United States
3 Jan 2017
12
NY: 9-Year Gap Between Design Professional's Invoices Defeats Continuous Representation Doctrine
In 2015, the Sponsor of a condominium building commenced an action for professional malpractice against the architect.
United States
14 Jul 2016
13
NY: Adverse Inference Charge Permitted Against Seller On Misrepresentation Claim Related To Defects
In TIAA Global Investments LLC, et al. v. One Astoria Square, LLC, et al., Index No. 652907/2012, an owner and purchaser of a large multi-unit building complex sued the seller for alleged fraud and intentional misrepresentation.
United States
14 Jul 2016
14
NY: 9-Year Gap Between Design Professional's Invoices Defeats Continuous Representation Doctrine
Supreme Court Justice Anil C. Singh, sitting in New York County's Commercial Division, held that the failure of an architect to secure a permanent certificate of occupancy for its client's building...
United States
4 May 2016
15
Arizona Court Of Appeals Rejects Attempts To Expand Premises Liability Duty
In Alcombrack v. Ciccarelli, No. 1 CA-CV 13-0148, 2015 Ariz. App. LEXIS 291 (Ct. App. Dec. 3, 2015), a premise liability action, a locksmith sued, among others, a couple that owned a home, after he was mistakenly shot by the tenant.
United States
29 Jan 2016
16
Case Studies: The Illinois Vendor/Builder Exception To Premises Liability
On July 17, 2012, Elizabeth Fitzpatrick was lawfully present on the premises commonly known as 1965 Dewes Street in Glenview, Illinois.
United States
16 Oct 2015
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