Property

  • September 17, 2021

    Hartford Unit Must Defend Masonry Contractor In Defects Suit

    A Hartford unit must defend a masonry subcontractor accused of shoddy construction, a California federal judge said, finding that an underlying lawsuit showed that water damage may not have stemmed solely from the policyholder's work.

  • September 16, 2021

    Brunch Eatery's Coverage Suit Crumbles Over Lack Of Virus

    A brunch restaurant chain in Kentucky, Ohio and Indiana can't force its insurer to cover its business losses stemming from pandemic lockdown orders, a Kentucky federal judge ruled Thursday, saying the chain hasn't shown the government restrictions were in response to the presence of COVID-19 at its restaurants.

  • September 16, 2021

    NAIC Summit Day 4: Cyber Challenges, Diversity And Floods

    The fourth day of the National Association of Insurance Commissioners' Insurance Summit featured discussions on changes in the cyberinsurance and flood insurance markets as the risks in both spaces continue to grow and shift, and a keynote speech addressing the role the insurance industry plays in a bigger issue: income inequality.

  • September 16, 2021

    Fla. Property Owner Sues Insurers For Hurricane Damage

    The owner of two Florida properties damaged by Hurricane Sally last year asked a New York federal court to award it damages because the owner says its insurers failed to properly investigate its damage claims and pay out more than $5 million in damages under its policies.

  • September 16, 2021

    Pa. Gambling Co. Asks To Send Insurance Suit To State Court

    Gambling and entertainment company Greenwood Racing Inc. has again urged a Pennsylvania federal judge to remand to state court its suit against two insurers over COVID-19 coverage, saying a recent Third Circuit decision supports its argument that a district court doesn't have to retain jurisdiction.

  • September 16, 2021

    Eateries Can't Claim 'Physical Loss' From Virus, Judge Says

    A Massachusetts federal judge on Thursday joined the "national trend in decisions" holding that the novel coronavirus did not render buildings physically damaged, ruling against a hospitality group seeking coverage for pandemic losses.

  • September 16, 2021

    Chicago Furniture Store Sues Insurer For Protest Damage

    A Chicago-area furniture store is suing its insurer for coverage of damage it sustained during the looting that accompanied last year's protests over the murder of George Floyd, saying the carrier has failed to come to a timely coverage decision.

  • September 16, 2021

    Day Care Asks 7th Circ. To Revive COVID-19 Coverage Bid

    A Chicago day care center asked the Seventh Circuit on Wednesday to revive its lawsuit seeking coverage for pandemic-related business interruption losses, arguing that a lower court misconstrued a provision in its insurance policy to only cover structural damage to property.

  • September 15, 2021

    NAIC Leadership Talks Future Hurdles For Insurance Industry

    The National Association of Insurance Commissioners on Wednesday held its first officer panel event since 2019, bringing together its top leadership to discuss how the COVID-19 pandemic helped accelerate much-needed changes in how the insurance industry conducts business, while noting it's still unclear if some of those changes are here to stay.

  • September 15, 2021

    Trade Group Tells 1st Circ. Eateries Not Owed Virus Coverage

    One of the country's largest trade groups representing insurance companies urged the First Circuit on Wednesday to uphold a finding that a group of Massachusetts eateries was not entitled to coverage for losses sustained because of the coronavirus pandemic.

  • September 15, 2021

    Food Supplier's COVID-19 Coverage Bid Rejected In New York

    A Liberty Mutual unit notched a victory against Chefs' Warehouse, when a New York federal judge said Wednesday that the food supplier failed to show the kind of damages that would entitle it to coverage for pandemic losses.

  • September 15, 2021

    Modest Rise In Property Net Premiums In 2020, Report Says

    The amount of net premiums written by mutual insurance companies focusing on property and casualty coverage increased 1.4% in 2020, market analyst AM Best reported, a modest increase attributable to coronavirus pandemic conditions.

  • September 14, 2021

    NAIC Summit Day 2: Cybersecurity & Climate Exposures

    Climate change and cybersecurity were the main topics of discussion in data-focused sessions that got into the specifics of risk calculations at Tuesday's National Association of Insurance Commissioners Insurance Summit panels.

  • September 14, 2021

    Hartford Unit Aims To Sink NJ Law Firm's Virus Coverage Suit

    Hartford unit Sentinel Insurance Co. has asked a New Jersey state court to dismiss a pandemic coverage suit brought by tri-state area law firm Fleming.Ruvoldt PLLC, saying the firm didn't suffer the kind of physical loss or damage required for coverage.

  • September 14, 2021

    9th Circ. Urged Not To Stay Order Enforcing Arbitration Clause

    A group of foreign insurance underwriters argues there's no reason for the Ninth Circuit to pause its decision forcing arbitration of a dispute over property damage coverage while the matter goes to the U.S. Supreme Court, saying there's no significant issue that the justices need to resolve.

  • September 14, 2021

    Condo Complex Can Seek $2.9M From Subcontractor's Insurer

    A condo association's $2.9 million suit against a waterproofing subcontractor's insurer over water damage can stay afloat, a Minnesota appeals court said Monday, finding there are unresolved issues on whether the insurer should provide coverage.

  • September 14, 2021

    Furniture Company's COVID-19 Coverage Suit Splinters

    A New York federal judge on Monday threw out a furniture installation company's lawsuit against its insurer seeking coverage for pandemic-related business interruption losses, finding that the company did not suffer a direct physical loss or damage from the coronavirus.

  • September 14, 2021

    NY Eatery Can't Use Travelers 'All Risk' Insurance For COVID

    A New York federal judge Monday tossed a proposed class action brought by a White Plains restaurant seeking to force Travelers Casualty Insurance Co. of America to cover its lost income during the pandemic, saying the eatery's "all risk" business insurance only covers physical loss or damage to the property.

  • September 14, 2021

    Salon's Suit Against Lloyd's For COVID Coverage Didn't Cut It

    A salon's argument that its all-risk policy should have covered its losses due to COVID-19 didn't cut it Tuesday with a Florida federal judge, who dismissed with prejudice the salon's lawsuit against its insurers after holding that it did not suffer any physical loss as required by the policy.

  • September 14, 2021

    These Firms Have The Most Women In Equity Partnerships

    Many law firms are seeing only modest progress as they seek to close the gender gap in their top ranks. But these firms are working to shake up that reality and forging a path to progress.

  • September 13, 2021

    NAIC Summit Day 1: Insolvencies, Surfside & Global Risks

    The National Association of Insurance Commissioners kicked off its insurance summit Monday with a series of talks for the insurance industry and state regulators on climate change, technology, insurer solvency and more. 

  • September 13, 2021

    Florida Country Club Sues Insurer Over Irma Damage

    A Florida golf club community has sued Empire Indemnity Insurance Co., alleging it breached a property insurance policy by failing to cover the cost of damage caused by Hurricane Irma in 2017.

  • September 13, 2021

    Comfort Inn Says Insurers Dodged Covering Dorian Damage

    The owner of a Comfort Inn in Charleston, South Carolina, is suing its insurers, alleging they misrepresented and failed to pay for windstorm damage sustained in 2019 from Hurricane Dorian, according to a federal court filing.

  • September 13, 2021

    Philly Deli's COVID-19 Coverage Suit Doesn't Cut The Mustard

    A federal judge served a Philadelphia deli's business-interruption lawsuit cold meat Friday when she let Nationwide subsidiary Allied Insurance off the hook for the restaurant's pandemic losses, finding no "direct physical loss of or damage" to the property.

  • September 13, 2021

    Law360's Glass Ceiling Report: What You Need To Know

    Law firms are facing renewed calls to step up their efforts on equity and inclusion. But when it comes to closing the gender gap, law firms still have a long way to go, our annual survey shows.

Expert Analysis

  • Courts Should Heed Contract Law In COVID-19 Physical Loss

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    While a recent Law360 guest article urged courts to adopt the particle theory of coverage in deciding COVID-19-related property loss and damage claims, this approach ignores the intent, function and language of commercial insurance policies — not to mention the science itself, say Adam Fleischer and Elisabeth Ross at BatesCarey.

  • COVID Insurance Rulings Are Misinterpreting 'Physical Loss'

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    Recent court decisions interpreting "direct physical loss" clauses to deny COVID-19 business interruption recovery where the subject property has not been structurally altered contradict the purpose of all-risks insurance, the ordinary meaning of the operative policy language and pre-pandemic case law, says ​​​​​​​Lee Epstein at Flaster Greenberg.

  • Courts Should Defer To Science On COVID-19 Physical Loss

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    As litigation of pandemic-related business interruption claims continues nationwide, the insurance carriers and courts adopting the most conservative interpretation of "physical loss or damage" — the basic trigger for business interruption coverage — are making erroneous assumptions about a complex physical phenomenon, says Micah Skidmore at Haynes and Boone.

  • An Insurer's Guide To Policyholder Bankruptcy

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    Given the increased likelihood of policyholders filing bankruptcy petitions in the wake of the pandemic, insurance professionals must be aware of five basic principles when dealing with an insured in bankruptcy, says Eric Fitzgerald at Goldberg Segalla.

  • NJ Policyholders Could Still See Recovery For COVID Losses

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    Although New Jersey state and federal courts have decided the majority of dispositive motions in COVID-19 business interruption insurance cases in favor of insurers, policyholders retain a plausible path to recovery depending on the nature of their loss and the precise policy language at issue, say Lee Epstein and Matthew Goldstein at Flaster Greenberg.

  • COVID Rulings May Support Ransomware Insurance Denials

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    A recent spate of pandemic-related insurance decisions — where federal courts found that a temporary inability to use property doesn't qualify as physical loss or damage for coverage purposes — may be used as favorable precedent by cyber insurers denying ransomware loss claims for temporary inability to access data, say Thomas Caswell and Peter Kelly Golfman at Zelle.

  • 3 Risk Management Lessons From Pandemic Insurance Wars

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    As appellate decisions in COVID-19 business interruption insurance claims continue to clarify the state of the law, there are some things that policyholders' lawyers and risk managers can do in the meantime to help prepare for future unforeseen events affecting coverage, says Peter Halprin at Pasich.

  • Why Legacy Insurance May Not Protect Adopters Of Bitcoin

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    Evidenced by El Salvador's adoption of the Bitcoin standard this week, there is an emerging need for insurance products to cover the risk of owning and holding the digital asset, as it may not fall into the protected categories in legacy insurance products, say attorneys at Mound Cotton.

  • Insurers Have Cause For Optimism In Labor Cost Rulings

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    Recent decisions from the high courts of South Carolina and North Carolina — holding that embedded labor costs can be depreciated from the replacement cost of property — bolster insurers’ moderate edge in these disputes and point to important implications for both insureds and insurers, says Richard Mason at MasonADR.

  • Insurance Could Be A Solution To Microchip Shortage Losses

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    To the extent that companies experiencing lost income from the global microchip shortage have contingent business interruption or dependent property coverage and can trace their impaired revenues to physical loss or damage to a supplier, there may be some potential for insurance recovery, says Micah Skidmore at Haynes and Boone.

  • Outliers Offer False Hope For Virus Biz Interruption Claims

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    A few recent policyholder wins have caused some to overstate the potential for recovery in commercial property claims over COVID-19 prevention efforts, but in reality business interruption decisions are consistently and overwhelmingly favoring insurers, say Erin Bradham and Keith Moskowitz at Dentons.

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