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.
- August 30, 2011Catherine A. Mondell and and M. Patrick Moore, Jr.
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 Ross v. C. Adams Construction & Design, 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.
August 30, 2011Travis B. Wilkinson and Seth A. SchmeeckleHighlights of the latest intellectual property news from around the country.
August 30, 2011Howard J. Shire and Joseph MercadanteAn in-depth look at several major rulings.
August 30, 2011ALM Staff | Law Journal Newsletters |Recent rulings of importance.
August 30, 2011ALM Staff | Law Journal Newsletters |Two recent decisions that greatly affected title insurers on the issue of standing for all foreclosing lenders and of MERS in particular.
August 30, 2011Marvin N. BagwellOn July 29, 2011, the Federal Circuit handed down its decision in Ass'n for Molecular Pathology et al. v. U.S.P.T.O., (often referred to as the "Myriad Genetics 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.
August 30, 2011Darren DonnellyKey rulings of importance are analyzed.
August 30, 2011ALM Staff | Law Journal Newsletters |

