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Features

Principles Applicable to Claims for Recovery on a Replacement Cost Basis

Catherine A. Mondell & and M. Patrick Moore, Jr.

Many commercial first-party property insurance contracts detail circumstances under which an insured may seek and recover for physical loss or damage to insured property on a replacement cost basis. If the contract does not provide that option, or if the conditions for replacement cost recovery are not met, the insured's recovery typically is limited to the actual cash value of the lost or damaged property. Because the measured difference can be substantial, certain principles have evolved in practice and case law concerning this distinction.

Features

Coverage Issues Under Homeowners' Insurance Policies in Chinese Drywall Cases

Travis B. Wilkinson & Seth A. Schmeeckle

Recently, a Louisiana Court of Appeal rendered a decision in what is believed to be the first state or federal appellate decision regarding insurance coverage for damages allegedly caused by Chinese drywall under a homeowners' insurance policy. In <i>Ross v. C. Adams Construction &amp; Design</i>, the Louisiana Fifth Circuit affirmed the granting of a summary judgment in favor of the defendant insurer and held that the claims made by the plaintiff homeowners for damages as a result of Chinese drywall in their home were excluded from coverage.

IP News

Howard J. Shire & Joseph Mercadante

Highlights of the latest intellectual property news from around the country.

Features

Real Property Law

ALM Staff & Law Journal Newsletters

An in-depth look at several major rulings.

Features

Landlord & Tenant

ALM Staff & Law Journal Newsletters

A look at a recent ruling.

Development

ALM Staff & Law Journal Newsletters

Two key rulings are discussed.

Features

Cooperatives & Condominiums

ALM Staff & Law Journal Newsletters

Recent rulings of importance.

MERS Standing: Its Impact on Title Insurance

Marvin N. Bagwell

Two recent decisions that greatly affected title insurers on the issue of standing for all foreclosing lenders and of MERS in particular.

Features

Myriad Genetics

Darren Donnelly

On July 29, 2011, the Federal Circuit handed down its decision in <i>Ass'n for Molecular Pathology et al. v. U.S.P.T.O.</i>, (often referred to as the "<i>Myriad Genetics</i> gene patent" case). The divided panel's three opinions reveal areas of broad agreement and notable disagreement about patent eligibility under 35 U.S.C. ' 101 of several categories of patent claims of interest to life sciences industries.

Features

Decisions of Interest

ALM Staff & Law Journal Newsletters

Key rulings of importance are analyzed.

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