Property

  • 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.

  • October 11, 2022

    4th Circ. Upholds Insurer's Win In Policy Extension Dispute

    A Maryland Comfort Inn hotel operator can't get coverage from Cincinnati Insurance Co. for a collapsed underground storm drain pipe, the Fourth Circuit ruled Tuesday, finding that the loss falls under multiple policy exclusions.

  • October 11, 2022

    Wisconsin Tribe Drops 9th Circ. COVID-19 Coverage Appeal

    The Menominee Indian Tribe of Wisconsin and related entities have notified the Ninth Circuit that they will no longer pursue their appeal seeking insurance coverage for pandemic-related business losses, following a recent Wisconsin Supreme Court decision tossing a similar suit.

  • October 11, 2022

    NY Judge Says Hotels' COVID-19 Losses Aren't Covered

    A New York state court judge in Manhattan has dismissed seven consolidated suits by New York City hotel owners seeking coverage for COVID-19 pandemic losses, citing an opinion in a prior appellate case as precedent.

  • October 11, 2022

    11th Circ. Affirms Toss Of Eatery's COVID-19 Insurance Case

    The Eleventh Circuit affirmed the dismissal of a Miami Beach restaurant's COVID-19 business interruption suit against Lloyd's underwriters Tuesday, finding the eatery's owner failed to show physical damage to its property that is required to trigger coverage.

  • October 11, 2022

    Insurer Can't Upend Developer's Construction Coverage Win

    Underwriters at Lloyd's of London must defend a developer in an underlying construction defect suit, a Texas federal court ruled, rejecting the insurer's bid for review and finding there is no gap between the pleadings and policy that would require the consideration of extrinsic evidence.

Expert Analysis

  • 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.

  • Firms Should Use Surveys To Make Smart Legal Tech Choices

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    The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.

  • Don't Forget Due Diligence In Race For Lateral Associate Hires

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    Amid high demand for associates and aggressive competition to attract talent, law firms should take three key steps to conduct meaningful prehire due diligence and safeguard against lateral hiring mistakes that can hurt their revenue and reputation, says Michael Ellenhorn at Decipher.

  • 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.

  • 5 Steps For Law Firms Rethinking Flexible Work Post-COVID

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    A flexible work environment will be key to recruiting and retention efforts post-pandemic, so law firms must develop comprehensive policies that solidify expectations and boundaries on accommodations such as flextime, remote work and reduced hours, says Manar Morales at the Diversity & Flexibility Alliance.

  • NY Bad Faith Bill Would Tip The Scales Against Insurers

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    A recently introduced New York bill proposes a statutory cause of action for insurance company bad faith when legal remedies already exist, which may dangerously upset the balance between insurers and policyholders, say attorneys at Hurwitz & Fine.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • The Pandemic's Bright Spots For Lawyers Who Are Parents

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    The COVID-19 crisis has allowed lawyers to hone remote advocacy strategies and effectively represent clients with minimal travel — abilities that have benefited working parents and should be utilized long after the pandemic is over, says Chelsea Loughran at Wolf Greenfield.

  • Why The Future Law Firm Model Is Industry-Based Offerings

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    Multidisciplinary, industry-based groups at law firms allow for more holistic legal advice, lead to sustainable client relationships, and are likely to replace practice group monoliths at many firms, say Jennifer Simpson Carr at Furia Rubel, Timothy Corcoran at Corcoran Consulting and Mike Mellor at Pryor Cashman.

  • 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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