Publications

Insurance

Insurance helps make commercial real estate transactions and investments work. The articles listed here attempt to shine some light on this arcane corner of real estate practice.

13 Articles and Other Items Found

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An Insurance Policy That Didn't Insure [2024]mail

Verbiage hidden in a commercial liability insurance policy may undercut the protection the policyholder was looking to secure in the first place. A real-life situation relayed by an insurance coverage attorney illustrates the point.
The Limits Of Title Insurance [2023]mail

If a title insurance policyholder somehow caused a title problem, they probably can't rely on their title insurance policy for coverage. How far does that principle go and what does it imply?
A Tenant's Insurance Policy Doesn't Necessarily Protect The Property Owner [2022]mail

A recent trip and fall case in New York demonstrates that although a tenant's liability insurance typically names the property owner as an "additional insured," the owner should also have its own policy.
Don't Rely On Your Insurance Agent [2022]mail

Recent federal case law says an owner can't legally rely on an insurance agent's advice about its insurance program. What can an owner who lacks the expertise do to protect itself?
Beware Of Insurance Coverage On Vacant Buildings [2021]mail

When a tenant moves out, lost revenue is only the beginning of the owner’s problems. Next item on the agenda: insurance problems.
Model Insurance Requirements for a Ground Lease [2021]mail

An extensive and detailed set of up-to-date insurance requirements for use in a ground lease.
Protecting Your Rights Under An Insurance Policy [2021]mail

When a building has a fire or other damage, the owner needs to act quickly to preserve its rights under its insurance policy.
What If A Property Under Contract Burns Down? [2021]mail

Buyers and sellers of real estate need to deal with the possibility that the property might burn down while it’s under contract. This does happen sometimes. How does it interact with insurance claims?
How To Make An Insurance Claim For Business Interruption [2020]mail

The Covid pandemic has interrupted business everywhere. Business interruption insurance probably won't help, but it might be worth a try. Here are some suggestions on how to file an effective claim.
A Short Fable About Property Insurance [2018]mail

Make sure absolutely everything is accurate in your homeowner's insurance policy, or the policy might not be worth the paper it's printed on. The story described in this article, from a real case, offers a timely lesson.
Benchmark Insurance Requirements for Commercial Real Estate Loans and Why They Say What They Say [2004]mail

Sample language for state-of-the-art insurance provisions to include in a commercial mortgage loan agreement, with extensive annotations.
A Conversation About Property Insurance in Loan Closings [2001]mail

Joshua Stein interviews insurance consultant Jim Branigan about what a lender needs to look out for when it obtains property insurance for loan closings.
What a Mortgage Lender Needs to Know About Property Insurance - The Basics [2001]mail

Property insurance issues and procedures for any commercial mortgage loan closing. Problems that can arise during the life of a loan. How a lender should deal with property insurance.

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