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Does a Patch Need to Match?
Property insurance policies typically require repair and replacement of damaged property to be made with “like kind and construction” as the original. Occasionally, a policy will include another phrase that is similar to “like kind and construction,” such as “like kind and quality” or “like construction and use.” How to interpret such phrases, including how far an insurer must go to maintain the design and aesthetics of the pre-loss property, is an important issue in the claims process.
A particular and recurring problem is what do when only part of a building or property is damaged. For example, if a home has matching wall'to-wall carpeting in the living room, front hall and stairs, and fire damages only the front hall, is the homeowner entitled to have all the matching carpeting replaced if the new carpet does not match the old? If one kitchen cabinet is damaged, and the replacement does not match the others, must the insurer replace all the cabinets? Where the original materials are no longer available, a limitation of liability of an insurer to an amount needed to repair or replace with materials of like kind and construction does not preclude a reasonable substitution of other materials. See e.g., Metz v. Travelers Fire Ins. Co., 355 Pa. 342, 49 A.2d 711 (1946) (“If part of the building destroyed cannot be replaced with material of like kind and quality, then it should be substantially duplicated within the meaning of the policy.”). The extent to which an insurer is obligated to pay the cost to match the damaged property to the original construction, however, is frequently a point of contention during loss adjustment. There are, however, few cases on point to guide adjusters and practitioners.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.