Premises Liability
Verified Update
Pending
Tri-State Insurance Company of Minnesota's subrogation suit against Bangor Mall owner Namdar Realty Group is headed toward a default judgment in Maine state court after Namdar failed to respond to the complaint for roughly three months, including four unanswered letters from the insurer's counsel. The suit seeks to recover more than $1.3 million in inventory destroyed when a sprinkler pipe burst in a vacant former Sears space being used for storage.
$1.3M in destroyed tenant inventory sought
Retail
Why it matters: The case illustrates how a landlord's building-maintenance failures can generate direct subrogation exposure once a tenant's insurer has paid a claim, and how failing to engage with litigation converts a potentially defensible claim into a default judgment for the full amount sought. It arrives alongside separate city code-enforcement litigation against the same ownership over unresolved property conditions at the same mall.
Sep 22, 2026
Penobscot County Superior Court, Maine
Premises Liability
Verified Update
Pending
South Union Township, Pennsylvania sued Uniontown Mall's owners, Namdar Realty Group and Uniontown Mall Realty, in November 2025 over blocked and locked emergency exits, a rodent infestation, and deteriorating driveways, alleging the conditions constituted a public nuisance. Fayette County Judge Linda Cordaro ordered the owners to remediate the conditions on May 22, 2026, and has since scheduled a September 30 site visit to personally assess compliance, which she described as 'moderate' but not yet complete as of early July.
Not a monetary claim; court-ordered remediation of a roughly 690,000 sq. ft. regional mall
Why it matters: Illustrates municipalities' growing willingness to pursue nuisance litigation, backed by active judicial oversight through scheduled compliance inspections, against commercial landlords who defer maintenance on safety-critical systems like fire exits, rather than relying solely on administrative code-enforcement citations. Owners of aging or declining retail and mixed-use assets should treat sustained deferred maintenance as a credible litigation and enforcement risk distinct from ordinary code citations or private injury claims.
May 22, 2026
Court of Common Pleas, Fayette County, Pennsylvania
