Product Description

Recent updates:

• Update: July 2023

  Dear Subscriber:

  Thank you for purchasing this second edition of Commercial Real Estate Practice in Massachusetts, edited by Josh M. Alper, Esq., and written by a cadre of other experts in Massachusetts' commercial real estate practice community. Inside you will find information valuable to transactional practice, including the following:

  • Due diligence. Chapter 2 offers an updated list of actions the buyer's attorney should take, along with pointers on ordering surveys and situations of heightened risk or concern that would be revealed by a survey.

  • Physical site inspection. Chapter 2 provides physical site inspection information concerning environmental and geotechnical site investigations, compliance regarding wetlands and rivers, endangered species, old-growth forests, and archaeological sites.

  • ALTA Revised Policy Forms. See chapter 3 for information on the revised 2021 ALTA title insurance forms for commitments, owner policy, loan policy, and certain endorsements.

  • ALTA Policy Jacket. Chapter 3 also offers a redlined version of revisions to the ALTA Owner's Policy Jacket.

  • Solar projects. Chapter 4 includes discussion of the Supreme Judicial Court's first interpretation of G.L. c. 40A, § 3 in a 2022 case involving an access road in Waltham running to a solar energy system in Lexington.

  • Taxation in the context of solar energy projects. See chapter 4 for discussion of 2021 Mass. Acts c. 8, "An Act Creating a Next Generation Roadmap for Massachusetts Climate Policy" (the "Climate Act"), and its significance regarding property tax.

  • Closing. See chapter 10 for updated information on authority documentation in the context of commercial real estate closings.

  We at MCLE trust that you will find this material useful in your commercial real estate practice, and valuable in your law library.

  Cordially,

  MCLE Press

Table of Contents

Chapter 01 expand

Basic Elements of the Insurance Contract

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James P. Hoban, Esq., Mirick, O'Connell, DeMallie & Lougee LLP

Chapter 02 expand

Automobile Insurance

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Kathryn Anbinder Covarrubias, Esq., Law Offices of Roberta Fitzpatrick

Chapter 03 expand

Homeowner’s Liability Insurance

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Carol A. Griffin, Esq.,

Exhibit 3A

- Sample Reservation of Rights Letter Buy Form

Exhibit 3B

- Sample Nonwaiver Agreement Buy Form

Chapter 04 expand

Commercial General Liability Policies

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Rachel J. Eisenhaure, Esq.,

Chapter 05 expand

Professional Liability Insurance Issues

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Daniel Conte, Esq., Hinshaw & Culbertson LLP
David A. Grossbaum, Esq., Hinshaw & Culbertson LLP

Chapter 06 expand

Reinsurance

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John T. Harding, Jr., Esq., McAngus Goudelock & Courie LLC

Exhibit 6A

- Glossary of Common Reinsurance Terms Buy Form

Chapter 07 expand

Excess Insurance

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Carol A. Kelly, Esq., CRICO/Risk Management Foundation

Chapter 08 expand

Environmental Coverage Disputes

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William A. Schneider, Esq., Morrison Mahoney LLP

Chapter 09 expand

Obligations of Insurer and Policyholder

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Creighton K. Page, Esq., Foley Hoag LLP
Martin C. Pentz, Esq., Foley Hoag LLP

Exhibit 9A

- Court’s Order Staying Litigation in Eastern Enterprises v. Hanover Insurance Co. Buy Form

Exhibit 9B

- Court’s Order Staying Discovery in Commercial Union Insurance Co. v. RohmTech, Inc. Buy Form

Exhibit 9C

- Court’s Allowance of Protective Order in American Policyholders Insurance Co. v. Nyacol Products, Inc. Buy Form

Exhibit 9D

- Court’s Order Staying Litigation in Hometown America, LLC v. Starnet Insurance Co. Buy Form

Chapter 10 expand

Insurance Brokers and Agents

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Richard E. Quinby, Esq., Barton Gilman LLP
Natalie Newsom Sullivan, Esq., Barton Gilman LLP

Chapter 11 expand

Declaratory Judgment Suits

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Nancy D. Adams, Esq., Mintz Levin Cohn Ferris Glovsky and Popeo, PC
Kim V. Marrkand, Esq., Mintz Levin Cohn Ferris Glovsky and Popeo, PC

Chapter 12 expand

Ethical Considerations

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Gilda Tuoni Russell,

Chapter 13 expand

Bad Faith Claims Handling—G.L. c. 93A and G.L. c. 176D

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Thomas F. Maffei, Esq., Sherin and Lodgen LLP
Sara J. Shanahan, Esq., Sherin and Lodgen LLP

Chapter 14 expand

Insurance Regulation

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Robert A. Whitney, Esq., McAngus, Goudelock & Courie LLC

Chapter 15 expand

Insurer Insolvency

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Kurt Michael Mullen, Esq., Pierson Ferdinand LLP

Chapter 16 expand

Fidelity and Surety Bonds

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John P. Connelly, Esq., Hinckley Allen LLP

Chapter 17 expand

Insurance Coverage for Employment-Related Practices

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Robert A. Whitney, Esq., McAngus, Goudelock & Courie LLC

Exhibit 17A

- Insurance Services Office’s Employment-Related Practices Exclusion (Form CG 21 47 07 98) Buy Form

Exhibit 17B

- Insurance Services Office’s Employment-Related Practices Liability Coverage Form (Form EP 00 01 04 98) Buy Form

Exhibit 17C

- Lexington Insurance Company’s Employment Practices Liability Policy (Form LEX-CM-EPLIT (ED.06/95), LX0557) Buy Form

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