Category: Property Law

Proving financial damages for a new business is usually a difficult task. Following older case law, some states make it nearly impossible under “the new-business rule,” which prohibits a new, never-before-operational business from recovering anticipated profits because such financial damages are too remote, speculative, and uncertain to support a judgment for their loss. The more […]

A recent case involving claimed damages in excess of $160 million had a significant issue where the insurers claimed that the lost profits were “speculative.” Generally, a policyholder must prove the amount of damage in a business interruption loss. Those damages cannot be speculative. The case was in South Carolina, and the insurer’s brief noted the following […]

After an insurance company issues payment for property damage, property owners often find themselves navigating the dynamics between insurance claim repairs and mortgage obligations. It is common for insurance payout checks to be issued jointly to both the property owner and their mortgage company. A frequently asked question is whether the mortgage company can direct […]

Trust Returns In December 2022, legislative amendments were introduced to mandate additional information reporting on an annual basis for certain types of trusts in Canada. The amendments are effective for taxation years ending after December 30, 2023. There are three main changes under the new rules: All trusts, unless certain conditions are met, will be […]

Here are all our Blog posts for February. Thursday 1st February Six signs of incompetent or criminal letting agents which can cost you money How well do you know your letting agent? Read my blog to find out Landlord Law Blog Roundup for January 2024 Our roundup of posts for January Friday 2nd February Landlord […]

Welcome to our first Newsround for March and we have no shortage of housing news this week. Could Scottish councillors force energy efficiency in the PRS? Scottish councillors are asking for powers to force private landlords to make their rental properties more energy efficient. Cllr Ruairi and Cllr Kenny McLean are asking for more flexibility […]

State Farm started a “Water Initiative” in 2017 to reduce claims adjustment expenses and reduce payments regarding water losses. While the current litigation exposing this claims process is primarily in California, the program is obviously being applied in a number of other states. Since water loss claims are the most frequent type of loss, it […]