Home -> Law Blog Directory -> Environmental Law Blogs -> Environmental Toxic Torts Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Environmental Law
: Environmental Toxic Torts BlogLater Discovered Environmental Conditions Are Not Title Defects
By Gail Wurtzler
As is probably no surprise to lawyers and real estate professionals, a Pennsylvania appeals court held that title insurance does not protect a buyer from claims arising from the physical condition of the property such as later discovered environmental problems like asbestos, lead paint or abandoned septic tanks. In Rood v. Commonwealth Land Title Ins. Co., 936 A.2d 488 (Pa. Super. 2007), a landowner made a claim against his title insurance company thirty five years after the policy had been issued, claiming that an abandoned septic tank discovered in his yard was a “defect” under the policy. Mr. Rood asserted that the presence of the tank made his title unmarketable because he would have to disclose the presence of the tank if he tried to sell his home under Pennsylvania’s Real Estate Sellers Disclosure Law and such a disclosure might cause a reduction in the price he was able to obtain. The trial court entered summary judgment in favor of the title company.
The appellate court affirmed because title insurance insures only marketability of title. It cautioned title insurance policyholders not to confuse economic lack of marketability based on physical conditions possibly affecting property use with title marketability that relates solely to “defects affecting legally recognized rights and incidents of ownership.” 936 A.2d at 494.
Full post as published by Environmental Toxic Torts Blog on February 20, 2008 (boomark / email).
Paxil Birth Defects: Yet Another Lawsuit Filed
Philadelphia, PA: It seems as though GlaxoSmithKline faces an unending stream of people willing to file lawsuits alleging Paxil causes birth defects. Despite the company's insistence that discontinuing Paxil while pregnant is more dangerous than taking it, women whose babies were born with serious birth defects claim that Paxil's side effects are far more dangerous than not taking the drug.
Purchasing Real Estate in Sweden - The Purchasers Obligation to Investigate the Real Estate
The seller should inform the buyer of the condition of the real estate including any known defects. According to Swedish law the seller is responsible for all defects. However, this responsibility is balanced by exclusion of all defects that were possible to discover with a careful examination of the real estate...
Chinese Environmental Law Blog
Here's a new blog to keep track of, if you're interested in environmental law in China: China Environmental Law This spring break I'll be renovating the site and will provide full lists of blogs, environmental programs, etc...
Award Winning IUCNPaper: Validity of Actions taken by COPs organized under Multilateral Environmental Agreements
Louise Camenzuli from Sydney, Australia is the winner of the 2007 Alexandre Kiss Environmental Law Papers Award, sponsored by the IUCN Commission on Environmental Law. She won the prize for her paper on ?The development of international environmental law at...
Builder had no duty to disclose concealed defects to second purchaser of home
The Division One Court of Appelas ruled that a buider/vendor of residential real estate does not owe a duty to disclose concealed defective conditions to the second purchaser.
An Arizona Land Developer
Although this is not an environmental criminal matter, it could have been. An old adage is that the only difference between an environmental crime and an environmental civil violation is who gets to your door first...
Unlawful Retaliation for Sexual Harassment Claim
Title VII retaliatory discharge retaliation requires proof of participation in protected activities
Women and the Law
Ttile IX
SSRI Birth Defects
allegedly causing birth defects, including heart defects and PPHN.
Commonwealth Land Title Insurance Co.
allegedly failed to give policyholders discounted rates to which they were entitled.
Paxil Heart Defects
alleging Paxil causes heart defects in newborns.
Oil and Gas
industry workers allegedly subject to serious accident injury from hazardous conditions.
Pre-Existing Conditions
Insurance companies to pay over $2.1 million settlement in claims lawsuit.
Dysport
Linked to Severe Birth Defects
#1 Online Legal Resource
On 08-25 at 15:46PM
Acute perpendicular parking #NYPD #NYFD
On 08-18 at 22:18PM
Parallel parking gone bad. Too much gas UES NYC
On 08-18 at 21:41PM
UES NYC
On 08-18 at 21:25PM
Twitter suspends journalist critical of broadcast partner's coverage on dubious grounds @guyadams #nbcfail #twitterfail
On 07-30 at 17:57PM
Model example of 1st Amendment suppression by the People of New York City's Michael Bloomberg #OWS #NYPD
On 07-12 at 21:07PM
AG Holder lackadaisical on Operation in our Sites domain name seizures & RIAA lobbied free speech suppression @dajaz1
On 06-08 at 22:44PM
Why is the Catholic Church going to court over Obama contraception policy? @NewYorker commentary
On 05-31 at 10:08AM
Monks sue Louisiana for right to sell caskets made from forrest destroyed by Katrina
On 05-31 at 07:47AM
Are the abortion ultrasound laws headed for the Supreme Court?
On 05-15 at 21:52PM
 |
|
Contact Us | About Us | Celebrity Law Blog |
Our Partners | Disclaimer
| Law Blog Directory
| Law Jobs
| Law Tweets
| Oil Spill Video
All original material © 1999-2011 by USLaw.com. All other material, including Blog Directory feed content, are © by their respective copyright holders. |