Property

  • June 03, 2024

    Title Insurer Says Ga. Firm Must Repay $158K For Deed Error

    A title insurance company said a Georgia law firm must reimburse it $158,000 for negligently issuing a title insurance policy on a real estate closing, telling a Georgia federal court that it is entitled to contractual and common law indemnity for its losses.

  • May 31, 2024

    Texas Justices Won't Take On City Insurance Coverage Fight

    The Texas Supreme Court on Friday declined to review a trial court's decision rejecting a municipal insurance risk pool's attempt to evade the city of Hidalgo's lawsuit seeking to recover millions of dollars for damage sustained in Hurricane Hanna in July 2020. 

  • May 31, 2024

    Boat Owner's $1.85M Policy Void In Fire Dispute, Judge Says

    A Florida federal court declared a yacht owner's marine insurance policy void from inception, saying the owner, who was seeking coverage for a 2023 boat fire, materially misrepresented the price of the vessel.

  • May 31, 2024

    Contractor, Insurers Settle NYC Four Seasons Coverage Row

    A New York federal judge dismissed a general contractor's suit seeking coverage from two insurers for an underlying $1 million action over damage to a Four Seasons hotel in midtown Manhattan, saying the parties have reached a proposed settlement.

  • May 31, 2024

    4th Circ. Won't Revive NC Homeowners' Storm Coverage Suit

    The Fourth Circuit refused on Friday to revive a suit brought by the owners of a North Carolina beach house accusing certain underwriters at Lloyd's London of stalling a $1 million payout over hurricane damage.

  • May 31, 2024

    Child Care Center Says Insurer Duped It Into Less Coverage

    A Texas child care center says that Century Surety Co. made false claims when it came time to renew an insurance policy, telling a federal court Thursday that the insurance company duped it into signing a policy that had coverage well below what the center thought it was getting.

  • May 30, 2024

    NRA Wins Free Speech High Court Battle But May Lose Its War

    The U.S. Supreme Court allowed the National Rifle Association to proceed with its lawsuit alleging a former New York state official unlawfully pressured financial institutions to cut ties, but the group may now face greater hurdles to final victory.

  • May 30, 2024

    Travelers Loses Dismissal Bid In BIPA Coverage Dispute

    A New York federal judge declined to trim a software company's lawsuit seeking coverage from a Travelers unit for underlying claims that the company violated the Illinois Biometric Privacy Act, finding the company's declaratory relief and bad faith claims were not duplicative of a breach of contract claim.

  • May 30, 2024

    Only $100K Owed For NJ Theater's Virus Losses, Judge Says

    A Zurich unit owed a theater only $100,000 for its COVID-19-related losses under its policy's communicable disease coverage provision, a New Jersey federal court ruled, rejecting the theater's arguments that each public health order constituted a separate occurrence and that a "blanket" $1.9 million limit was applicable.

  • May 30, 2024

    Insurance Litigation Week In Review

    The U.S. Supreme Court revived the National Rifle Association's free speech claims against a former New York state official, a Washington state appeals court ended Quest Diagnostics' bid for COVID-related coverage, and market analyst AM Best reported record investment income for U.S. property and casualty insurers in 2023.

  • May 30, 2024

    Active Hurricane Season Looms Over Insurance Industry

    The Atlantic hurricane season could continue to stress fragile insurance markets, according to forecasts of a particularly active 2024 season, but experts say there are some positive developments for Florida insurers despite years of elevated losses.

  • May 30, 2024

    Consumer Advocate Unpacks Big Issues Facing Insureds

    The use of socioeconomic factors in auto insurance, climate change's impact on the rising cost of homeowners insurance and the hollowing out of insurance policies are some of the most pressing issues consumers face today, says an advocate from the nonprofit Consumer Federation of America.

  • May 30, 2024

    Insurer Rebukes Bad Faith Claims In $25M Child Abuse Row

    An insurer urged a Washington federal court to dismiss bad faith counterclaims brought against it by families who say the insurer failed to provide coverage toward a daycare center's $24.5 million settlement of claims that its former employee sexually molested children.

  • May 30, 2024

    Insurance Atty Fights For Lone Woman On Death Row In Miss.

    Attorney A. Kate Margolis lives a double life: one, in which she fights on behalf of insurance policyholders as counsel at Bradley, and another, spent trying to save convicted murderer Lisa Jo Chamberlin, the only woman on Mississippi's death row.

  • May 30, 2024

    Meet The Attys In Margolis Edelstein Malpractice Fight

    Counsel representing Margolis Edelstein and an insurer that has accused the firm of malpractice are gearing up for a July oral argument so the Delaware Supreme Court can decide if the firm can escape the suit.

  • May 30, 2024

    Justices Revive NRA's Free Speech Claims Against NY Official

    The U.S. Supreme Court ruled Thursday that the National Rifle Association can proceed with certain claims in its lawsuit alleging that a former New York state official violated the gun rights group's free speech protections by pressuring financial institutions to cut ties with it.

  • May 29, 2024

    Wash. Panel Ends Quest Diagnostics' COVID Coverage Quest

    Quest Diagnostics' insurers don't owe the medical testing lab COVID-19-related business loss coverage, a Washington appeals court said, ruling the company failed to show that the presence of the virus resulted in physical loss or damage to its property.

  • May 28, 2024

    US Property Insurers See Record Investment Income In 2023

    U.S. property and casualty insurers earned a record income of $73.9 billion from their investments in 2023, market analyst AM Best reported Tuesday, a bright spot for an industry beset by underwriting losses connected to natural disasters and high inflation.

  • May 28, 2024

    Apartment Co. Says Insurer Owes Millions For Hail Damage

    The owners of an apartment building blamed an insurer for breaching its contract in Kansas federal court Tuesday, alleging the carrier failed to cover over $13 million in wind, hail and water damages and underestimated the loss despite clear evidence.

  • May 28, 2024

    Insurers, Charter School Assoc. Dismiss Ida Damage Row

    A New Orleans-area charter school system and its insurers have agreed to dismiss their dispute over coverage for the system's Hurricane Ida damage claims, the parties told a Louisiana federal court Tuesday, saying "all claims and causes of action brought forth in the above captioned matter have been compromised."

  • May 24, 2024

    Chinese Reinsurer Seeks Exit From Reimbursement Suit

    A Chinese reinsurance company urged an Iowa federal court Friday to toss an insurer's suit seeking reimbursement for property insurance coverage claims it paid out, saying the court lacks jurisdiction because the company was not properly served.

  • May 24, 2024

    Insurer's Coverage Suit Premature, Ga. Apt. Complex Says

    An apartment complex facing negligence claims over a shooting told a Georgia federal court that its insurer's suit seeking to avoid coverage must be tossed, arguing that without any factual findings in the underlying state court action, any finding on the insurer's duty to indemnify would be premature.

  • May 23, 2024

    Calif. High Court Deals Loss To Policyholder In COVID-19 Suit

    The California Supreme Court ruled Thursday that the coronavirus generally doesn't cause the kind of damage to property that would trigger coverage under an insurance policy, handing a win to a Chubb insurance company in one of the last major venues for pandemic coverage litigation.

  • May 23, 2024

    Colo. AI Bias Law Brings Little Certainty For Insurance Sector

    Colorado enacted the nation's first comprehensive regulatory scheme for protecting consumers from discriminatory and biased artificial intelligence systems, sending a warning signal to an insurance sector bracing for increased scrutiny and risks related to the technology.

  • May 23, 2024

    How An Ex-Attorney Turned Mediator Approaches Conflict

    Drawing from his 25-year career as an attorney litigating primarily insurance coverage disputes, Steven Schulwolf founded Schulwolf Mediation to help parties reach effective resolutions in even the toughest cases.

Expert Analysis

  • Breaking Down 4th Circ. Pendent Appellate Jurisdiction Ruling

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    As illustrated by the Fourth Circuit's recent decision in Elegant Massage v. State Farm, denying class certification and granting a motion to dismiss, federal appellate courts continue to struggle with defining the scope of pendent appellate jurisdiction — or jurisdiction over nonfinal orders below, says Joan Steinman at the Chicago-Kent College of Law.

  • Notable Q1 Updates In Insurance Class Actions

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    Mark Johnson and Mathew Drocton at BakerHostetler discuss notable insurance class action decisions from the first quarter of the year ranging from salvage vehicle titling to rate discrimination based on premium-setting software.

  • Why RWI Insurers Should Consider Excluding PFAS

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    As regulation of per- and polyfluoroalkyl substances escalates, carriers providing representations and warranties insurance should reconsider providing PFAS coverage on a case-by-case basis, say Dave Bartoletti and Ina Avalon at Taft Stettinius.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Class Actions At The Circuit Courts: April Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.

  • Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • Top 10 Queries For Insurers Entering Surplus Lines Market

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    John Emmanuel at Locke Lord discusses what insurers should understand before entering into the surplus lines market, a growing, state-regulated area, subject to much variation in application and enforcement.

  • Sorting Circuit Split On Foreign Arbitration Treaty's Authority

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    A circuit court split over whether the New York Convention supersedes state law barring arbitration in certain disputes — a frequent issue in insurance matters — has left lower courts to rely on conflicting decisions, but the doctrine of self-executing treaties makes it clear that the convention overrules state law, says Gary Shaw at Pillsbury.

  • What New Conn. Insurance Bulletin Means For Data And AI

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    A recent bulletin from the Connecticut Insurance Department concerning insurers' usage of artificial intelligence systems appears consistent with the National Association of Insurance Commissioners' gradual shift away from focusing on big data, and may potentially protect insurers from looming state requirements despite a burdensome framework, say attorneys at Day Pitney. 

  • Policy Misrepresentations Carry Insurance Rescission Risks

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    The Second Circuit's recent decision in Medical Mutual v. Gnik, finding that material misrepresentation in a clinic's insurance applications warranted policy rescission, is a clear example of the far-reaching effects that misrepresentations can have and provides a reminder that policyholders should employ relatively straightforward steps to decrease risks, say attorneys at Hunton.

  • 2nd Circ. Ruling Clarifies When Demand Letters Are Claims

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    The Second Circuit’s decision last week in Pine Management v. Colony Insurance, affirming that an insurer had no obligation to defend an insured for claims made before the policy period, provides clarity on when presuit demands for relief constitute claims — an important issue that may be dispositive of coverage, says Bonnie Thompson at Lavin Rindner.

  • A Legal Playbook For Stadium Construction Agreements

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    As a new wave of construction in the professional sports arena space gets underway, owners must carefully consider the unique considerations and risks associated with these large-scale projects and draft agreements accordingly, say attorneys at Akerman.

  • Insurance Policy Takeaways From UK Lockdown Loss Ruling

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    An English court's recent decision in Unipolsai v. Covea, determining that insurers' losses from COVID-19 lockdowns were covered by reinsurance, highlights key issues on insurance policy wordings, including how to define a "catastrophe" in the context of the pandemic, says Daniel Healy at Brown Rudnick.

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