Property

  • June 24, 2022

    NJ Panel Reverses Casino's Virus Coverage Suit Victory

    A New Jersey state appeals panel ruled that an Atlantic City casino and resort operator's suit for pandemic coverage should have been dismissed by a lower court that found the casino plausibly alleged it sustained the kind of direct damage required for coverage.

  • June 24, 2022

    NH Medical Society Denounces Insurers' COVID-19 Science

    The New Hampshire Medical Society blasted arguments from insurers that COVID-19 can be easily removed, telling the state's high court that the arguments amount to "junk science."

  • June 24, 2022

    Roofers Test Fla. Insurance Bills In Constitutional Challenges

    Home repair contractors who say that the Florida Legislature favored the insurance industry too much with a set of new laws this spring struck back with a set of constitutional challenges in a trio of suits asking courts to block the new rules, arguing they shortchange contractors' and homeowners' rights.

  • June 24, 2022

    Restaurant Co. Denied NY High Court Bid In Virus Appeal

    A New York appellate court denied a restaurant operator's request to take its COVID-19 coverage appeal to the state's highest court.

  • June 23, 2022

    11th Circ. Upholds Ga. Arcade's Pandemic Coverage Loss

    A Georgia-based arcade company lost its appeal for coverage of its pandemic losses Thursday when an Eleventh Circuit panel ruled that the company failed to allege the kind of direct physical loss required for coverage under its Cincinnati policy.

  • June 23, 2022

    Zurich Fights La. Helicopter Co.'s Virus Coverage Appeal

    Zurich urged the Fifth Circuit to uphold the dismissal of a Louisiana-based helicopter service company's suit seeking to recover COVID-19-related business interruption losses, after a state appeals panel handed a New Orleans restaurant owner a rare win in its own pandemic coverage suit.

  • June 23, 2022

    Live Nation Says Insurer's Bid To Trim Virus Suit Is Tone-Deaf

    Live Nation told a California federal judge Wednesday to tune out Factory Mutual Insurance Co.'s renewed request to trim its COVID-19 coverage suit, saying the "new" rulings cited by the insurer are irrelevant to its case.

  • June 23, 2022

    Judge Approves $1B Surfside Deal, Holds Off On Fee Request

    The judge overseeing the consolidated litigation over the collapse of the Champlain Towers South condominium in Surfside, Florida, approved a $1.02 billion global settlement on Thursday, but said he would not rule on a $100 million fee request from class counsel until after he had completed the claims process with victims.

  • June 22, 2022

    Baylor Med School Appeals Insurers' COVID-19 Coverage Win

    The Baylor College of Medicine is appealing a Texas state judge's ruling that a pollution and contamination exclusion prevents coverage for its COVID-19-related losses.

  • June 22, 2022

    Insurer Owed LA Port Operator Defense From City, Judge Says

    A Los Angeles company that formerly ran a city-owned port won a partial judgment against United National Insurance Co. on Tuesday when a California federal court found that the insurer was obligated to defend it in an underlying lawsuit from the city.

  • June 22, 2022

    Law Firm Asks 5th Circ. To Reconsider Tossing Virus Suit

    A Texas-based law firm asked the Fifth Circuit to give its COVID-19 business interruption suit against Cincinnati Insurance Co. a second chance, arguing that a three-judge panel didn't properly interpret what the firm said was ambiguous language in its policy.

  • June 22, 2022

    Allianz Unit Tells 9th Circ. Not To Revive Virus Coverage Suit

    An Allianz unit asked the Ninth Circuit to uphold the dismissal of an Oregon medical group's COVID-19 business interruption claim, arguing that the business hasn't claimed a physical loss or damage necessary to trigger coverage.

  • June 21, 2022

    Landlord Seeks Coverage For Capital Gazette Shooting Suits

    The Capital Gazette's landlord asked a Maryland federal judge to require the newspaper's insurer to defend it in underlying suits over the 2018 shooting at the paper's office, arguing that it was listed as an additional insured on the Chubb unit's policy.

  • June 21, 2022

    NC Eateries Cite State Court Virus Coverage Win In Appeal

    A group of North Carolina restaurant operators asked the Fourth Circuit to revive a proposed COVID-19 business interruption class action against The Cincinnati Insurance Co. on Friday, arguing that a state court found that the same insurance policy covered pandemic-related losses.

  • June 21, 2022

    Restaurant Is Owed Interest On Fire Claims, Minn. Panel Says

    A Minnesota appellate panel sent a fire-damaged restaurant's insurance suit against Auto-Owners Insurance back to a lower court, finding it should have granted prejudgment interest to the restaurant for renovations required by state and local inspectors.

  • June 21, 2022

    Hartford Unit Scores NJ Appellate Win Over Virus Coverage

    A New Jersey appellate panel upheld a Hartford unit's defeat of a COVID-19 coverage suit from a country club, finding that it has already rejected identical arguments from several other businesses.

  • June 21, 2022

    Ala. Justices Say Insurance Fund Immune To Fatal Fire Suit

    A liability self-insurance fund is immune from being sued for wrongful death and negligence over a fire that resulted in fatalities, injuries and property damage, Alabama's highest court ruled, saying state law bars liability against the fund for claims arising from its own alleged tortious conduct.

  • June 17, 2022

    The Law360 400: Tracking The Largest US Law Firms

    As the legal market adjusted to pressures of a global pandemic and saw demand for complex legal services soar, many law firms spent 2021 locked in a fierce war for talent to meet ever-expanding client needs.

  • June 17, 2022

    Will BigLaw Regret Its Hiring Spree As The Economy Softens?

    The largest 200 law firms in the U.S. boosted their headcount by an average of 5.6% in 2021 — the steepest increase in five years, according to the Law360 400. Here's a look at what those numbers mean and where firms may be headed if the economy slows in the coming year.

  • June 20, 2022

    Insurers Dealt Win On COVID-19 Claims By NJ Appeals Court

    A New Jersey state appeals court ruled for the first time Monday that insurers are not obligated to cover losses incurred by businesses that were forced to close or limit their operations during the COVID-19 pandemic since the properties did not suffer any direct physical loss or damage.

  • June 17, 2022

    Virus Exclusion Dooms NJ Whiskey Bar's Business Loss Suit

    A New Jersey federal court tossed a whiskey bar's bid for COVID-19 business interruption coverage from Amguard Insurance Co., finding the restaurant's losses fell under a broad virus exclusion in its policy.

  • June 17, 2022

    Firm Faces Skeptical 9th Circ. In 'El Chapo' Insurance Dispute

    A private equity firm faced a skeptical Ninth Circuit panel Friday in trying to revive claims that its insurer must cover underlying litigation over a facility it sold that was overrun by El Chapo's drug cartel, with two judges saying the firm appears to contradict arguments it made previously.

  • June 17, 2022

    State Farm, Ohio Firms Beat Lender's Fraud Suit At 6th Circ.

    The Sixth Circuit said a lender that wants a piece of a settlement State Farm Fire & Casualty Co. reached with two suburban Cleveland homeowners cannot pursue its fraud lawsuit against the insurer and two Ohio law firms in federal court because the state's civil procedure has rules that say such challenges must be filed in the original litigation.

  • June 17, 2022

    7th Circ. Finds Mattress Co. Can't Overcome Virus Exclusion

    A Seventh Circuit panel affirmed the dismissal of an Illinois mattress company's COVID-19 coverage appeal, finding that the "broad and unambiguous" virus exclusion in its policy with Motorists Commercial Mutual Insurance Co. prevented coverage.

  • June 17, 2022

    Hurricane Season Hits Increasingly Tough Insurance Market

    A tough market for flood insurance and vulnerable infrastructure and dwellings are some challenges insurers and policyholders are facing during this year's hurricane season as climate change threatens even-larger storms, experts say.

Expert Analysis

  • Lessons From Calif. Liability Claim Recoupment Ruling

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    A recent California federal court decision in Evanston Insurance v. Winstar Properties illustrates the perils of insurer recoupment and underscores the importance of assessing recoupment rights, if any, throughout the claims process, say Geoffrey Fehling and Veronica Adams at Hunton.

  • Recent Decisions Are Eroding All-Risk Insurance Coverage

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    All-risk insurance coverage is under siege by insurers' broad interpretations of established exclusions, and recent decisions in New Jersey and New Hampshire have shown that courts may not protect coverage despite the policies' text and intent, says Nicholas Insua at Reed Smith.

  • Exploring Calif. Wildfire Insurance's Legislative Landscape

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    As California wildfire season approaches, elected officials and insurance companies continue to face the task of finding long-term solutions, including an increasingly important role for mitigation efforts by individual homeowners and business owners in order to protect their property, say Jan Larson and Jenna Conwisar at Jenner & Block.

  • COVID Coverage Cases Conflict With Insurer Documentation

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    A look at three court cases highlights a gap between successful insurer arguments made in litigation about policy text and the insurance industry's own understanding of the potential for property damage and business interruption coverage of virus- and disease-related claims, say professors at UConn, the University of Nevada and Queen's University.

  • Pandemic Losses Do Not Trigger Biz Interruption Coverage

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    Although Law360 has reported that there may be hope for policyholders seeking property insurance coverage for pandemic-related losses, basic contract principles and overwhelming case law show the opposite, say attorneys at Dentons.

  • 2 Calif. Insurance Decisions Question Boundaries Of Fortuity

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    Last month, California state and federal courts revisited fortuity issues in two decisions that show how the occurrence requirement and the California Insurance Code's prohibition on coverage for an insured's willful acts can be exceedingly difficult to apply to lawsuits alleging novel legal theories, say Jodi Green and Sophia von Bergen at Miller Nash.

  • Insurer Best Practices For NY Climate Risk Compliance

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    Insurers should view the New York Department of Financial Services' guidance on managing financial risks from climate change as a bellwether for state and federal regulation and should use the time before this summer's compliance deadline to prepare and implement an appropriate response strategy, say Jim Wrynn and Robert Stephens at FTI Consulting.

  • Assessing NFT Insurance Coverage Options And Gaps

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    Because non-fungible tokens do not come bundled with insurance policies, and until NFT-specific insurance policies become more common, NFT owners should proactively protect against risk by drawing upon existing frameworks, despite potential coverage gaps, say Brian Scarbrough and Edward Crouse at Jenner & Block.

  • Crypto And NFTs Could Change The Future Of Real Estate

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    As they grow increasingly popular, cryptocurrencies and nonfungible tokens may shape how real estate transactions are conducted and open the market to many new investors, but these changes are not without risk, says Hugo Alvarez at Cole Scott.

  • The Misinterpretation Of Pa.'s Bad Faith Claims Handling Rule

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    Courts applying Pennsylvania law in insurance coverage disputes, such as the recently decided Walker v. Foremost Insurance, and finding that where an insurer establishes that the subject claim is not covered by the insurer’s policy there can also be no bad faith claim by the insured, are inaccurately interpreting state law, say George Stewart and Max Louik at Reed Smith.

  • How Sonic Boom Risk Informs 'Physical Loss' For COVID Era

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    Applied to today's COVID-19 business interruption insurance battles, insurers' historical treatment of damage associated with sonic booms — or explosive sounds stemming from supersonic airplane speeds — may call into question the many court rulings barring coverage for pandemic-related losses on narrow physical loss grounds, say Peter Kochenburger at the University of Connecticut and Jeffrey Stempel at University of Nevada, Las Vegas.

  • Ill. COVID Rulings Correctly Adopt Physical Loss Standard

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    In two recent decisions, Sweet Berry Cafe v. Society Insurance and Lee v. State Farm, Illinois appellate courts properly followed the Illinois Supreme Court's standard for physical loss when deciding COVID-19 business interruption cases, says Melinda Kollross at Clausen Miller.

  • A Guide To Extrinsic Evidence In Determining Duty To Defend

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    As the eight-corners rule for the duty to defend is increasingly riddled with exceptions to its strict formulation of confining the analysis to only the language of the insurance policy and the underlying complaint, Richard Mason at MasonADR discusses the newest notable decisions and offers strategies for attorneys litigating the duty to defend.