Multimedia Publications

Published on Tuesday, 25 October 2011 15:14 Written by Julie L. Morris

You may have noticed this on our new publications:

It is a Quick Response (QR) Code.  If you have a smart phone, you probably have or can download an app that will read these codes in a similar way as the grocery store reads a UPC code.

When the phone “reads” the code, it will send you directly to the firm website.

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Lawrence D. Brudy & Associates, Inc. has gone to the multi-media site of Facebook to broaden it's clientele.  Like our page or join our group and become a member today.

On the Podium: Insurance, A Neccessary Evil

Published on Tuesday, 25 October 2011 14:38 Written by Julie L. Morris

       A few days ago a woman called me to tell me a story of flooding she was experiencing in the basement of her house.  She explained that the flooding started when her neighbor placed railroad ties along his driveway.  During times of heavy rain, the water would flow along the base of the railroad ties, across the woman’s driveway and directly into a window well that was located on the foundation wall.  Of course, this caused damage to the finished game room, and she wanted to know what I could do to get her neighbor to remove the railroad ties.

       My first question for her was if she had called her homeowner’s insurance company.  She replied that while she had not called them, they would not do anything for her because she did not have flood insurance.  I explained that I would love to have her retain me and pay me to go after her neighbor, but that she should place a call to her insurance agent first.  Firstly, this was not “flooding” in the normal sense of the word --- it was not caused by a stream rising or storm sewers backing up due to a period of torrential rain.  This was caused by an artificial condition on land, i.e. the railroad ties that her neighbor had put along his driveway.  I told her that it was my feeling that her insurance company would pay for the damage done in her basement and, in turn, it would exercise its right of subrogation and say, “Hey, Neighbor, you caused this mess so you have to pay us back.”  Neighbor then turns that over to his homeowner’s insurance company, who either realizes that their insured was at fault and reimburses the other insurance company; or they deny liability and hire an attorney to defend him.  Thus, the circle of legal life goes on.  Hakuna Matata.    

       What disturbs me, though (and I’ve heard this from many people), is that people are reluctant to call their insurance company to report a claim because they just assume that the claim will be denied.  That has even been my personal experience --- whenever I have called to report a claim I have never had anyone immediately say to me, “Absolutely, Mr. Neely, you are covered for that loss and you should receive a check from us within the next few days.”  In fact, the exact opposite happens:  They pull out my policy and they look for language that will serve as a basis for denying my claim.  Isn’t that something?  We pay our premiums faithfully but when we need assistance, our insurance companies would rather find a way to deny us than help us.

       A few years ago, I represented two brothers who owned a large building in the Strip District.  The building was home to several nightclubs and restaurants.  My clients ran a grocery store out of the basement.  Their store was unique in that their merchandise was made up completely of salvaged goods.  For example, if a train carrying 10,000 bottles of ketchup derailed, my clients would get a call.  They would dispatch a crew to the scene of the derailment.  The crew would recover the cartons of ketchup, take them back to the store, discard the breakage, clean up the rest and put them on the shelves at a discounted price from what you might be charged in a so-called “normal” grocery store.

       One evening a fire broke out on the roof of the building.  The Pittsburgh Fire Department responded and doused the blaze with thousands of gallons of water.  Of course, the fire suppression efforts, while successful in saving the building, completely wiped out my clients’ inventory.  When they contacted their insurance company, the claim was not denied, however, the insurance company only offered them $400,000 for their inventory.  The insurance company justified this by saying that my clients dealt in “damaged goods.”  My clients called me to get involved.  I explained that these were not damaged goods and that everything on their shelves was fit for consumption.  I showed receipts which proved that my clients had paid in excess of $800,000 for the destroyed inventory.  The insurance company stood firm and would not move beyond their initial offer.  I asked them how my clients were supposed to replace their inventory with only $400,000.  The insurance company responded that they should go out and buy more salvage.  Eureka!  I next argued to the insurance company that my clients had a replacement cost policy.  Part of my clients’ inventory at the time of the fire was 600 bottles of ketchup.  I told the insurance company that if they could tell me when the next train carrying 600 bottles of ketchup was going to derail, my clients would be happy to go pick it up.  From there we could move on to 2500 cans of cling peaches and so on until the inventory was replaced.

       However, that is not how a replacement policy works.  It mandates that your possessions be replaced in a timely fashion.  The only way for my clients to replace their inventory in a timely fashion was through a wholesaler.  We provided a list of the damaged inventory to a wholesaler, and he gave us a price of $1.5 million to replace it.  The insurance company was flabbergasted and said there was no way they were going to give us $1.5 million to replace our inferior quality inventory with brand new merchandise.  We sued the insurance company.  The verdict was $1.5 million.  Nothing like a steaming hot cup of justice.

Two suggestions I always make are that when you are insuring your home and possessions get a replacement cost policy.  Also, when insuring your vehicles always opt for full tort coverage.  If you have an insurance issue or would just like to discuss coverage options, I would be happy to speak with you.

Doing your Family a Favor

Published on Friday, 05 August 2011 20:43 Written by Lawrence D. Brudy & Associates, Inc

A person’s last Will affects families and loved ones for years and so may be the most important legal document anyone can ever produce. Yet so many put off making a Will, thus almost certainly creating difficult problems. There are two fundamental things to know about “quick-fix” Wills.

The belief persists that the oral or verbal deathbed Will, legally known as a “nuncupative” Will, is a good one. As solemn as the circumstances are, the nuncupative Will is no longer valid in Pennsylvania. A “holographic” Will is one that is written and executed entirely in the handwriting of the testator (the person making it). If executed properly, the holographic Will might well serve the purpose. But it very likely will give rise to unnecessary questions.

For both of these reasons, we always recommend – whether it’s through us or not -- that people have an attorney prepare their Last Will and Testament conforming to Pennsylvania law.

Requirements for a Will

• The Will should be "In writing"
• Signed by the testator at the end of the Will
• Signed in the presence of two (2) witnesses, who also sign it

Contact Darcy M. Dayton, Esquire toll free at (855)935-1400 for more information

LDBA Blog: On the Podium

Published on Friday, 05 August 2011 20:41 Written by Lawrence D. Brudy & Associates, Inc

With the increasing awareness of Marcellus Shale and natural gas activity – often described as no less than a “boom” – has come an increasing need for information, and nowhere is this more apparent than in the real estate field.

Accordingly, Lawrence D. Brudy, Esq., President of Lawrence D. Brudy & Associates, Inc., has been called on to explain the complexities of buying, selling and leasing real estate in what is becoming the Natural Gas Age.

Most recently, Mr. Brudy – who is also a licensed Pennsylvania real estate broker -- lectured on Marcellus Shale drilling at a Realtor Continuing Education class for the Educational Development School of Real Estate. Meeting with the realtors at the Crowne Plaza Hotel, Pittsburgh South, on July 14, Mr. Brudy discussed the listing and selling of surface and subsurface estates in land.

Earlier, Mr. Brudy spoke on the Oil, Gas and Mineral Rights Addendum to the Butler County Association of Realtors’ “Fracking” R-Day June 9 at the Twelve Oaks Mansion in Adams Township. He explained the use of the addendum used in conjunction with the Pennsylvania Association of Realtors Agreement of Sale, emphasizing the importance of using it on every real estate transaction identifying the estates in land to be “sold,” “excepted,” and “reserved.”

Recognizing the need for understanding in this relatively new field, the firm’s attorneys and certified public accountants are available to speak at organization, company or realtor meetings on the development of oil and gas interests, the determination of subsurface ownership, the valuation of oil and gas interests, buying and selling land, and estate and tax planning involving oil, gas and coal interests.

Contact Julie L. Morris, Senior Paralegal at This e-mail address is being protected from spambots. You need JavaScript enabled to view it. or toll free at (855)935-1400 for more information

The Need to Understand the Agreement of Sale

Published on Friday, 05 August 2011 20:39 Written by Matthew J. DeReno

Pennsylvania’s Real Estate Seller Disclosure Law requires that the seller provide the buyer with a signed and dated copy of the property disclosure form before the Agreement of Sale is executed. Although the Seller’s Disclosure encompasses the structural elements of the real property as well as fixtures (such as chandeliers), personal property (furniture) and appliances (washers, dryers, etc.), it is vital that all potential purchasers understand that the executed Agreement of Sale between the parties as well as any applicable addendums will control the inclusion or exclusion of any such property.

Misunderstandings in this area can be avoided simply by ensuring that the purchaser receives the proper information and that the Agreement of Sale is properly drafted to cover the subject matter of the sale, adequately reflecting the negotiations and the intentions of the parties.

Realtors can make sure this is achieved. The inclusion or exclusion of a fixture or personal property on the seller disclosure statement, multi-list or presentation package are not part of the agreement of sale to which the parties contract.

Failure to include or exclude can cause discord among all parties, making an already stressful process that much more difficult and causing post-closing issues that can be time-consuming, challenging and expensive to remedy.

Contact Jennifer Enciso at This e-mail address is being protected from spambots. You need JavaScript enabled to view it. or Darcy Dayton at This e-mail address is being protected from spambots. You need JavaScript enabled to view it. or toll free at (855)935-1400 for more information