Property

  • December 06, 2022

    Insurer Urges Default Judgment In Drive-By Shooting Case

    A Munich Re unit asked a Georgia federal court to enter a default judgment against an Atlanta condominium association over an underlying drive-by shooting case, arguing that its lack of response to the insurer's suit constitutes an admission that no coverage exists for the claims.

  • December 06, 2022

    Luxury Home's Fire Sale Suit Too Late, Judge Says

    Time ran out for claims brought by a builder blaming its insurer for a multimillion-dollar property price drop because of an inadequate wildfire damage payment, a California federal judge ruled in tossing the suit.

  • December 05, 2022

    Insurers Want $11M Ida Coverage Fight Arbitrated

    Numerous insurers for 75 properties damaged by Hurricane Ida have asked a New York federal court to stop Louisiana state court proceedings over coverage for $11 million in Hurricane Ida damages because they say the matter belongs in arbitration.

  • December 05, 2022

    Insurer Says La. Diocese Filed Damage Claims Too Late

    American Bankers Insurance Co. of Florida asked a Louisiana federal court Monday to toss a Roman Catholic diocese's more than $45 million hurricane damage suit against it and the National Flood Insurance Program, arguing the church filed its claims at the last minute and years too late.

  • December 05, 2022

    7-Eleven Sues Insurer Over George Floyd Protest Damage

    7-Eleven accused its insurer of wrongfully withholding coverage for over 98% of its losses stemming from the civil unrest that followed the 2020 murder of George Floyd, according to a complaint removed to Texas federal court Monday.

  • December 05, 2022

    Airbnb Stiffs Homeowners Of Promised Protection, Co. Says

    Airbnb advertises its "AirCover for Hosts" insurance to attract property owners to use the vacation rental company's services, but when a renter vandalized one Seattle-area company's property, Airbnb refused to live up to its promises, according to a new lawsuit filed in Washington state court.

  • December 05, 2022

    Vacation Rental Owners Drop COVID-19 Coverage Suit

    A married Oregon couple agreed to drop a proposed class action against Foremost Insurance Co. on Monday, ending the pair's bid to get coverage for lost rental property income from the COVID-19 pandemic.

  • December 05, 2022

    Jury Mulls Trump Org. Tax Fraud Case After Warning On Bias

    A Manhattan jury on Monday began deliberations in the district attorney's tax fraud case against the Trump Organization after receiving instruction on New York's peculiar corporate criminal liability law and a renewed warning against anti-Trump bias.

  • December 05, 2022

    Calif. Restaurant's $2M Wine Theft Suit Headed To State Court

    A California Italian restaurant robbed of $2 million in wine succeeded in getting its case for insurance coverage remanded to California state court.

  • December 02, 2022

    Insurer Says No Coverage For Planes Abandoned In Indonesia

    A plane leasing company's insurer asked an Oklahoma federal court to deny coverage for five planes ruined when lessees abandoned them in corrosive Indonesian saltwater environments and they could not be retrieved.

  • December 02, 2022

    Firm, Insurer Settle $2.3M Dispute Over Storm Damage Award

    A Tennessee risk management firm has settled its hail and wind damage suit against Auto-Owners Insurance Co. through mediation, according to a report filed Thursday, ending its pursuit of more than $2.3 million it claimed the insurer owed from a binding appraisal award.

  • December 02, 2022

    Judge Tells Philly Eagles, 76ers To Reference COVID Rulings

    A Pennsylvania federal judge has asked the Philadelphia Eagles, the Philadelphia 76ers and other parties to prepare to discuss rulings in COVID-19 pandemic-related cases that may influence the sports teams' quest for insurance coverage at oral arguments on Wednesday.

  • December 02, 2022

    Ga. Judge Clips Co.'s Insurance Claims Over Employee Theft

    Travelers Insurance Co. of America will have to face claims that it denied nearly $1 million in coverage to a Washington, D.C.-based real estate company in bad faith under Georgia law, a federal judge said Thursday, but the court dismissed related bad faith claims brought under D.C. law and the real estate company's claim for litigation expenses.

  • December 02, 2022

    Insurer Says No Coverage For $8M Parking Garage Verdict

    A Nationwide unit asked an Indiana federal judge to find that it doesn't have to cover an $8 million jury verdict against a contractor tasked with inspecting and repairing an Indianapolis parking garage.

  • December 02, 2022

    Condo Group Seeks $11.5M In Hidden Damage Coverage

    A Seattle-area condo association has sued Philadelphia Indemnity Insurance Co. and 10 other unnamed insurers, accusing them of refusing to cover roughly $11.5 million in hidden water damage without a valid reason.

  • December 02, 2022

    9th Circ. Lets Insurers Join $3.2M Superfund Cleanup Dispute

    A group of insurers is permitted to intervene in a California agency's $3.2 million suit against a bankrupt policyholder over remediation costs at a Superfund site, the Ninth Circuit ruled, finding that the carriers had a legally protected interest in preventing the entry of default judgment against their insured.

  • December 02, 2022

    Trump 'Explicitly' Approved Tax Fraud, DA Says As Trial Ends

    Manhattan prosecutors on Friday directly accused former President Donald Trump of authorizing tax fraud by his executives in closing arguments of the criminal trial in New York state court against his Trump Organization companies.

  • December 02, 2022

    Farm, Insurer Settle Fire Claim After Coverage Ruling

    A family-owned farm settled a dispute with its insurer over coverage for a fire, the sides told an Oregon federal court, a day after a judge denied the farm's bid seeking an additional $800,000 for homemade machinery that was lost in the blaze.

  • December 02, 2022

    Tenn. Mall Owner's $2M Sewer Backup Suit Sent To Fed. Court

    Nationwide Insurance Co. of Florida on Friday removed to federal court a $2 million lawsuit filed by a Memphis, Tennessee, strip mall owner that said the unit offered it only $5,000 after promising coverage for a sewer backup.

  • December 01, 2022

    Geico Urges Judge To Abstain In COVID Rebate Class Action

    Geico urged a California federal court to abstain from revising rates in a class action accusing the insurer of woefully low COVID-19 rebates, arguing that deciding rates is a complex matter better left to insurance regulators.

  • December 01, 2022

    Virus Exclusion Ends Restaurants' COVID-19 Coverage Suit

    The owner of nine restaurants located in New Jersey, Pennsylvania and Florida lost its bid for COVID-19 coverage after a Pennsylvania federal judge said a virus exclusion clearly prevents coverage.

  • December 01, 2022

    Stronger Storms Cause Billions In 2022 Hurricane Damages

    Damages from the 2022 Atlantic hurricane season were around $110 billion, with $65 billion insured, despite fewer storms than expected, reinsurer Munich Re said in a report, explaining that the trend of increasing losses was continuing thanks in part to stronger storms.

  • December 01, 2022

    NC ​​​​​​​Home Sellers Should Disclose Flood History, Agency Told

    A coalition of environmental and local community advocates asked the North Carolina Real Estate Commission on Thursday to make home sellers disclose in-depth records of past flood damage to potential buyers, citing the state's heightened vulnerability to flooding due to climate change.

  • December 01, 2022

    DA Can Argue Donald Trump Knew Of Tax Fraud, Judge Says

    Manhattan prosecutors won permission from a judge Thursday to argue at the Trump Organization's tax crimes trial that former President Donald Trump knew about the alleged fraud at his company.

  • December 01, 2022

    'The Morning Show' Asks 9th Circ. To Undo Chubb's Virus Win

    The production company behind Apple TV+'s "The Morning Show" asked the Ninth Circuit to reverse a Chubb unit's win in a $44 million coverage dispute over pandemic-related losses, saying a lower court erroneously found that the insurer did not owe coverage for its production delays amid the pandemic.

Expert Analysis

  • Embracing ESG

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    In this Expert Analysis series, in-house counsel share how they are adapting to the growing importance of environmental, social and corporate governance factors.

  • The Right Condo Governance Provisions Can Enhance Safety

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    Though condominium and community governance documents cannot prevent a structural failure, such as the Champlain Towers tragedy, developers and their lawyers can draft these documents to better educate board members and remove obstacles to preserving community assets, says Bob Burton at Winstead.

  • Risks To Consider For Commercial Real Estate Gap Closings

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    The use of the gap closing mechanism in commercial real estate transactions — when there is a delay between a purchase and the recording of documents — has been increasing amid the pandemic, but certain complications can arise for buyers when an intervening matter influences a title's quality, says Jennifer Ioli at Sherin and Lodgen.

  • Avoiding Unauthorized Practice Of Law In Remote Work

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    The COVID-19 pandemic has forced many lawyers to telecommute, potentially from home jurisdictions where they are not admitted, raising questions about compliance with states’ unauthorized practice of law mandates — but attorneys can look to rules, advisory opinions and case law for clarity, say Lauren Snyder and Amy Richardson at Harris Wiltshire.

  • NY Ruling Should Make Counsel More Cautious In Emails

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    A recent New York Appellate Division decision, Philadelphia Insurance v. Kendall, makes it much more likely that a settlement could be effectuated by simple email exchanges without more formal written documentation memorializing all the terms of the settlement, says Christopher Gorman at Abrams Fensterman.

  • Where Insurance Coverage For Condo Collapse Gets Murky

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    Property and casualty coverage for the Champlain Towers tragedy may be complicated, since different versions of collapse coverage are found in different policies, both for the individual condo owners and the condominium association, say Glenn Jacobson and Mark Binsky at Abrams Gorelick.

  • 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.

  • Insurance Brokers Should Expect Wave Of E&O Claims

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    Policyholders' unsuccessful COVID-19 business interruption suits and the pandemic-related move to remote work will likely result in a plethora of errors and omissions claims brought against insurance agents and brokers, as evidenced by recently filed cases, says Peter Biging at Goldberg Segalla.

  • 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.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • 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.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

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    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • Embracing ESG: Cigna Counsel Talks Employee Wellness

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    Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

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