Property

  • October 17, 2022

    Insurer Asks Court To Uphold Jury's Sandy Damage Verdict

    A Chubb unit asked a New York federal court to cement its win in a coverage dispute over a chocolatier's losses from Superstorm Sandy, saying evidence presented at trial supported the jury's decision that the policyholder is not entitled to coverage for losses caused by wind-driven flooding.

  • October 14, 2022

    Post-It Example Fails Dentist In COVID-19 Coverage Battle

    A Pennsylvania federal judge on Friday threw out a dental office's lawsuit seeking business interruption coverage from Sentinel Insurance Co. for losses it suffered during the COVID-19 pandemic, rejecting the dentist's argument that the virus stuck to property like a Post-It note and thereby caused damage.

  • October 14, 2022

    Law Firm Not Liable If It Misled In Hailstorm Row, Insurer Says

    An insurer accused in Colorado federal court of failing to adequately cover property damage from 3-inch-diameter hail has asked to dismiss claims against its law firm, also accused in the suit of misrepresentation, arguing that the firm was "fraudulently" named in the case to "manipulate jurisdiction."

  • October 14, 2022

    Neb. Justices Say Gutter Co. Can't Bring Bad Faith Claims

    The Nebraska Supreme Court affirmed the dismissal of bad-faith claims from a roofing and gutter company, finding that a policyholder can't assign such claims to a nonpolicyholder.

  • October 14, 2022

    Pa. Judge Tosses Virus Coverage Suits Against 4 Insurers

    A Pennsylvania federal judge on Friday dismissed dozens of consolidated cases seeking coverage for pandemic-related losses from four insurers, joining other courts around the country in finding that COVID-19 and its associated government shutdown orders did not cause "physical" change to the businesses' properties.

  • October 14, 2022

    Hotelier Settles With Insurer In $20M Pipe Damage Suit

    The former owner of a Wyndham Garden hotel has settled its burst pipe damage suit with United National Insurance Co., according to a notice filed Friday, ending years of litigation over roughly $20 million in claimed coverage.

  • October 14, 2022

    Munich Re's Oil Exit Boosts ESG Efforts, Insurance Pros Say

    Munich Re's recent announcement that it will pull back from underwriting new oil and gas projects brought one of the world's largest reinsurers into line with a growing number of carriers that have taken steps to limit coverage for highly polluting industries.  

  • October 14, 2022

    Trade Show Co. Asks 9th Circ. To Consider Virus Science

    A Tennessee trade show business asked the Ninth Circuit to consider an amicus brief issued by the California Medical Association in a separate case before deciding its appeal for coverage of COVID-19 losses.

  • October 14, 2022

    HOA's Insurer Can't Rescind Policies, Injured Couple Says

    A couple who suffered burn injuries in a house fire launched counterclaims against the insurer for their homeowners' association, arguing that the insurer can't rescind policies it issued to the HOA based on alleged application misrepresentations.

  • October 13, 2022

    Zurich War Exclusion Didn't Apply To Cyber Hack, Jury Hears

    Zurich cited a war-related insurance policy exclusion in its "unprecedented" rejection of a claim that snack giant Mondelez filed after a 2017 malware attack affected thousands of its servers and computers, an Illinois jury heard Thursday.

  • October 13, 2022

    Insurer Alleges Atty Misconduct In Church Damage Suit

    An insurer asked a federal Florida judge Thursday to deny enforcement of an insurance settlement with a church over property damage from the 2020 Hurricane Sally, saying it did not know an architectural firm that served as an expert witness during mediation also had a partial claim to the settlement.

  • October 13, 2022

    CSX Seeks Seizure Of Tugboat, Barge After Bridge Crash

    CSX Transportation Inc. sued a pair of Louisiana-based towing companies and their insurer for negligence, claiming they are liable for costs stemming from a January 2021 tug boat crash that disrupted the company's shipping operations.

  • October 13, 2022

    Coronavirus Coverage Question Heads To Alaska High Court

    The Alaska Supreme Court will decide whether the coronavirus can cause physical loss or damage, after a federal judge rejected Zurich's request to have the district court reconsider its decision certifying that question to the state's high court in a senior living facility's COVID-19 coverage suit.

  • October 13, 2022

    Contractor Asks 1st Circ. To Find Coverage For Defect Suits

    A contractor accused of mismanaging an apartment building construction project asked the First Circuit to overturn a decision relieving its insurers of defending it in three defect suits, saying a Massachusetts federal judge incorrectly held that there was no property damage caused by an occurrence to trigger coverage.

  • October 13, 2022

    NY AG Warns Trump May Shift Assets In $250M Fraud Case

    New York Attorney General Letitia James said Thursday that Donald Trump and the Trump Organization may be seeking to evade her $250 million fraud lawsuit by incorporating a new company in Delaware, asking the court to halt any asset transfers and appoint a monitor.

  • October 12, 2022

    Insurer Escapes RICO Suit Alleging Underpaid Irma Claims

    A Florida federal judge tossed a contractor's Hurricane Irma racketeering suit against UPC Insurance Co. and three adjusters Wednesday, finding the company's claims were invalid under federal law.

  • October 12, 2022

    Calif. Panel Affirms Tossing Of Luxury Bus Maker's Virus Suit

    A manufacturer of luxury shuttle buses can't revive its COVID-19 coverage lawsuit against Travelers Property Casualty Co. of America, a California appellate panel decided after finding that Grech Motors Inc. didn't allege either physical loss or physical damage.

  • October 12, 2022

    Fla. Panel Upholds Insurer's Denial Of Water Damage Claim

    A Florida appeals court panel affirmed an insurer's summary judgment award in a dispute over coverage for water damage, finding Wednesday that a homeowner's failure to mention prior repairs to his property supported the carrier denying his claim.

  • October 12, 2022

    Judge Finds Untimely Notice Of Vessel Collision Hurt Insurer

    A Louisiana federal judge partially denied an insurer's summary judgment motion, finding that while the insurer was prejudiced when a vessel owner failed to notify it of a collision in a timely manner, he was unable to determine whether the insurer would be liable for coverage.

  • October 12, 2022

    Calif. Restaurant Calls Insurer's Removal 'Clearly Defective'

    An Italian restaurant operator asked a California federal court to send its $1 million stolen property reimbursement suit against Citizens Insurance Co. of America back to state court, arguing the insurer's removal of the case was "clearly defective" and will drag out proceedings.

  • October 12, 2022

    Man Who Blamed BLM In Arson Hoax Cops To Wire Fraud

    A man who vandalized his own property claiming he was attacked by leftists for flying a Trump 2020 flag and bilked more than $300,000 from submitting phony insurance claims and scamming GoFundMe donors has pled guilty to wire fraud in Minnesota federal court, prosecutors said.

  • October 12, 2022

    AIG Can't Convince NJ Court To Keep Virus Suit Against Quest

    A New Jersey state judge refused to budge from her ruling tossing AIG Specialty Insurance Co.'s suit to avoid coverage of Quest Diagnostics Inc.'s COVID-19-related losses, finding her state had no reason to retain jurisdiction when Quest filed a similar suit in Washington first.

  • October 12, 2022

    Hawaii Theater Survives Bid To Dismiss Virus Coverage Suit

    A Hawaii state court allowed a historic Honolulu theater's COVID-19 business interruption suit against an Allianz unit to move forward, finding the theater adequately pled that the virus damaged its property.

  • October 11, 2022

    Yankees Broadcaster Loses COVID Insurance Coverage Suit

    A Delaware federal judge on Tuesday threw out a COVID-19 coverage lawsuit from the broadcaster of the New York Yankees and Brooklyn Nets, finding that the court lacks jurisdiction over the matter.

  • October 11, 2022

    Calif. Medical Group Latest To Blast Insurer's Virus Science

    The California Medical Association blasted an Allianz unit's arguments about the ease of cleaning the coronavirus, calling them "unscientific beliefs," in an amicus brief in the COVID-19 coverage appeal from the operator of Saddle Ranch restaurants in California and Arizona.

Expert Analysis

  • 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.

  • Hybrid Work Models Are Key To Gender Parity In Law Firms

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    To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

  • 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.

  • Attorneys Beware: Zoom Depositions Are Likely Inadmissible

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    As legal proceedings have moved online in light of the pandemic, lawyers may mistakenly believe that recorded Zoom video depositions can be entered as evidence, but without certain safeguards, the testimony is unlikely to be accepted by courts, says Phillip Zisook at Schoenberg Finkel.

  • 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.

  • Ill. BIPA Ruling Marks Critical Win For Silent Cyber Coverage

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    The Illinois Supreme Court's recent decision in West Bend Mutual v. Krishna Schaumburg Tan, confirming that commercial general liability policies do not have to include specific language to cover claims under the Biometric Information Privacy Act, represents a critical victory for policyholders, but leaves unresolved issues in the battle over BIPA coverage, says Tae Andrews at Miller Friel.

  • NY Badly Needs Bad Faith Bill To Hold Insurers Accountable

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    Contrary to a recent Law360 guest article that contends New York state's insurance reform bill would unfairly tip the scales against insurers, Edward Steinberg at the New York State Trial Lawyers Association argues the law is necessary to hold insurers accountable for acting in bad faith, and would protect policyholders and injured parties alike.

  • 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.

  • Predictions On Pandemic's Lasting Impact On Legal Education

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    The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

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