It is no secret that Philadelphia (the City), like many major cities, is facing record high commercial vacancy rates. This is problematic for the City as it is undergoing a citywide reassessment for real estate taxes. The...more
Section 305 of the California Corporations Code sets forth the rules for filling vacancies on the board of directors. Today's post discusses the somewhat confusing requirements of the statute as it pertains to the filling of...more
Will COVID-19 impact subrogation? Like so much else, the answer is “yes.” The global effect of COVID-19 is unlike any event in human history...more
While vacancy exclusions have been a staple of commercial insurance policies since the early twentieth century, to avoid protracted disputes, insurers should ensure no exceptions to the exclusions apply before relying on them...more
Vacancy exclusions are commonplace in many homeowner policies, and typically exclude coverage for certain types of losses if the home is vacant and/or unoccupied. Litigation involving vacancy exclusions can arise when terms...more
Disputes involving “vacancy” exclusions typically involve the appropriate definition of that word. The recently-decided case of Lui v. Essex Ins. Co., 2016 Wash. LEXIS 692 (Wash. June 9, 2016) presents a somewhat different...more
In a case of first impression in Illinois, a unanimous panel of the state’s Appellate Court recently addressed the interplay between a vacancy clause and a mortgagee provision and held that the insured’s failure to comply...more
In Ong v. Fire Insurance Exchange (No. B252773, filed 4/3/15), a California appeals court ruled that a vacancy exclusion limited to damage caused by “vandalism or malicious mischief” did not bar coverage for damage to a...more
Last week, the Texas Supreme Court handed down an opinion that involved two unique (and somewhat troublesome) creatures of state law – the so-called “anti-technicality” statute and the material breach doctrine – and in Greene...more