Litigation

By: John K. Fiorillo

In this economic climate, chances are the assessed value of your home is higher than it should be. Your assessment should represent a specified percentage of your property’s fair market value. In Montgomery County, Pennsylvania, properties are supposed to be assessed at 54% of their fair market value. In Chester County, Pennsylvania, properties are supposed to be assessed at 53% of their fair market value. In Delaware County, Pennsylvania, properties are supposed to be assessed at 63.1% of their fair market value. If your current assessment represents a higher percentage of the fair market value, you are a candidate for an annual assessment appeal. An appeal filed now will impact your taxes starting in 2010. The deadline for appealing is rapidly approaching. For Chester and Delaware Counties, the annual appeal deadline is August 1, 2009. The annual appeal deadline for Montgomery County is September 1, 2009. Click here for your county’s assessment website:Delaware County,Pennsylvania, Montgomery County, Pennsylvania,or Chester County, Pennsylvania.

To view an article in the Wall Street Journal on how one property owner in California lowered her tax bill by more than $1,000. Click here.

My office is located in West Chester, Pennsylvania. I am a shareholder in Unruh Turner Burke and Frees. I have successfully helped many Chester, Delaware, and Montgomery County, Pennsylvania residents successfully challenge their property assessments and reduce their real estate tax burden. I would be happy to do the same for you. For more information on whether you are a candidate for an assessment reduction, please contact our office.

By: Donald C. Turner

Many Chester County residents use their property, in whole or in part, for various types of equine activities. Regardless of whether the use is of a personal or a commercial nature, these activities pose a variety of risks to property owners, horse owners, riders and trainers. As a result, those involved in these activities should carefully consider what they can do to minimize their exposure to liability and to provide for insurance.

Please read this larger article on preventative measures that you can take to protect yourself from the various risks associated with equine activities.

For more information on Equine Law or any type of property owner liability, contact Donald Turner.

By: Nancy J. Glidden

In this difficult real estate market selling a home without using a realtor or attorney may seem like a good idea. The money saved, however, can easily be paid out in legal fees and damages if a seller fails to comply with certain statutory duties.

Did you know that in Pennsylvania, residential real estate sales require a homeowner/seller to provide a Real Estate Seller’s Disclosure? Conversely, if you are buying a home, have you been provided with a Real Estate Seller’s Disclosure?

For a seller, failing to comply does not invalidate the sale, but it does expose a seller to liability for damages sustained by a buyer. For a buyer who purchases a home without having received a proper disclosure, unanticipated expenses could mount to repair problems with the home that should have been disclosed prior to the sale. Often these matters wind up in litigation.

If you do not know what a Real Estate Seller’s Disclosure is, how to complete one to properly discharge your disclosure duties, how to interpret a disclosure that has been provided to you, or what to do if you are experiencing problems with your home that were not disclosed, you may want to consider consulting an attorney.

For more information on the legal rights and responsibilities associated with residential home purchases and sales, contact our office.

Update on coverage for claims involving faulty workmanship under commercial general liability policies

On December 30, 2008, the Pennsylvania Supreme Court denied the Petition for Allowance of Appeal from the Order of the Pennsylvania Superior Court in the case of Millers Capital Ins. Co. v. Gambone Bros. Dev. Co., 941 A.2d 706 (Pa. Super. 2007). In Miller, the Pennsylvania Superior Court found no coverage under the insured builder’s commercial general liability (CGL) policy for claims made against it by homeowners who alleged that their homes were built with defective stucco exteriors, windows and other artificial seals, resulting in water damage to the interior of the homes.

The Pennsylvania Superior Court applied the Pennsylvania Supreme Court’s holding in Kvaerner Metals v. Commercial Union Ins. Co., 908 A.2d 888 (Pa. 2006), in which the Court held that a contractor’s alleged faulty workmanship in building a coke oven battery for a steel company was not an “accident” and, therefore, was not an “occurrence” within the meaning of the contractor’s CGL insurance policy. In doing so, the Court explained that faulty workmanship claims lacked the degree of fortuity contemplated by the ordinary definition of accident.

In light of the Court’s decision in Miller, there is no longer any uncertainty with respect to the exclusion of coverage for faulty workmanship claims under CGL policies. Builders and others who previously thought their CGL policies protected them against such claims should be careful in hiring and supervising the work of subcontractors as they may no longer look to their insurance carriers for protection. There is a “subcontractor exception” which may preserve coverage that would otherwise not exist.

More on the subcontractor exception next month…

Welcome to the Litigation Section’s blog. Our firm is located in West Chester, Chester County, Pennsylvania, and Phoenixville, Chester County, Pennsylvania. This blog is intended to provide a litigator’s perspective on a wide range of specific legal issues, along with commentary on emerging legal trends. The content is intended to be useful to individuals and small businesses wanting to learn more about exposure to liability, avoiding liability, the process of civil litigation, and alternative dispute resolution options.

Disputes arise in a variety of settings. Our team of litigators is experienced in contract and business disputes, employment, real estate, banking and creditor’s rights, construction, mortgage foreclosures, commercial leasing, and estate and orphan’s court matters.

We invite you to bookmark and visit this site regularly, or you may use the box on the right to subscribe and receive regular email updates as site content changes. You can choose to receive updates through RSS feed or regular email. Should you have a specific legal concern that you need legal assistance in resolving, you are encouraged to contact us for an appointment and consultation.

For more information on our practice, please click here.

Brian D. Boreman

James C. Dalton

Daniel P. Dwyer

Nancy J. Glidden

John K. Fiorillo

Daniel M. Hanifin

Stephen P. Lagoy

Shannon M. Reilly

Christopher L. Turner

Donald C. Turner