Property

  • November 21, 2022

    Condo Group Sues Liberty Mutual For 'Hidden' Water Damage

    A Washington state condominium association has accused Liberty Mutual and three other insurance companies of wrongfully denying coverage for an Edmonds, Washington, condo's "hidden" water damage.

  • November 21, 2022

    Nationwide Committed No Foul In Fire Loss Fight, Judge Says

    Nationwide Property & Casualty Insurance Co. was slow to cover a property owner seeking fire damage coverage, but not enough to constitute bad faith, a Pennsylvania federal court ruled.

  • November 21, 2022

    High Court Won't Hear Md. Auto Auction Co.'s COVID Appeal

    The U.S. Supreme Court declined Monday to hear a Maryland car auction company's challenge to a Fourth Circuit ruling allowing a Chubb unit to escape its coverage claim for COVID-19 pandemic-related business losses, the latest in a string of appellate defeats for the company.

  • November 18, 2022

    Ala. Condo Wants $5M Insurance Suit Back In State Court

    The owners association of a Gulf Coast condominium asked an Alabama federal judge to send a lawsuit accusing its insurer of owing more than $5 million for damage sustained in Hurricane Sally back to state court, saying requirements weren't met for a federal case.

  • November 18, 2022

    Live Nation, FM Want Temporary Pause In COVID Row

    Live Nation and Factory Mutual Insurance Co. asked a California federal judge Friday to stay their COVID-19 coverage dispute until 30 days after the next ruling in the case, allowing them time to discuss a potential settlement based on the results.

  • November 18, 2022

    9th Circ. Asked To Deny Shoe Store's Virus Coverage Suit

    A California shoe store's insurer asked the Ninth Circuit not to revive the boutique's COVID-19 coverage suit, arguing the district court correctly found that the business's inability to use its property due to COVID-19 wasn't physical loss or damage to the property needed to trigger coverage.

  • November 18, 2022

    Bad Faith Bill Could Dull NY's 'Pro-Insurer' Edge

    The perception of New York courts as pro-insurer venues has made the state a top choice for insurers across the country to litigate coverage disputes. A nearly decadelong legislative effort to tilt the scales back in favor of policyholders, however, remains an uphill battle.

  • November 18, 2022

    Lloyd's Says Property Owner Must Arbitrate Over Ida Damage

    Insurance company Lloyd's underwriters say a property owner can't file a suit against the company following unpaid damages from Hurricane Ida because it did not follow the proper procedures to file a claim and now must go through arbitration.

  • November 18, 2022

    Texas High Court Won't Review Fracking Fire Coverage Row

    The Texas Supreme Court on Friday shot down Ironshore Specialty Insurance's request to review a $24 million coverage dispute stemming from a fracking well fire, leaving in place a lower court's order for a proportional allocation of coverage and forcing the insurer to cough up more than $10 million.

  • November 18, 2022

    Texas High Court Takes Up Policy Misrepresentation Query

    The Texas Supreme Court said Friday that it would review an insurer's coverage dispute over available life insurance benefits after an appellate court ruled that carriers seeking to rescind a policy based on a material misrepresentation must prove the insured's intent to deceive under the state's insurance code.

  • November 18, 2022

    Weisselberg's Loyalties Scrutinized At Trump Org. Fraud Trial

    Longtime Trump Organization Chief Financial Officer Allen Weisselberg faced questions about where his loyalties lie — as he continues to cash company checks but also needs prosecutors' approval of his truthfulness — in finishing up his testimony Friday in the Manhattan district attorney's fraud case against ex-President Donald Trump's business.

  • November 18, 2022

    Mondelez Deal With Zurich Adds Weight To NJ Court Decision

    Mondelez International Inc.'s decision to settle a $100 million coverage dispute with Zurich American Insurance Co. over its losses from a 2017 cyberattack gives added weight to a New Jersey state court's ruling from earlier this year, a development that should play into policyholders' hands, legal experts say.

  • November 18, 2022

    'BattleBots' Producer, Insurer Drop COVID Coverage Suit

    The producer of Discovery Channel's "BattleBots" has agreed to drop its COVID-19 pandemic insurance case against a Nautilus Insurance Group unit, ending its bid for more than $3 million in unpaid expenses from production delays.

  • November 18, 2022

    Trump Org. Trial Firms Paid By Conservative PACs

    More than $500,000 in recent payments from political organizations connected to former President Donald Trump were made to law firms involved with the ongoing criminal trial of the Trump Organization, according to Federal Election Commission records.

  • November 17, 2022

    NY High Court Takes Up COVID-19 Coverage Appeal

    New York's highest court agreed to take on a COVID-19 coverage appeal from a restaurant operator arguing that a lower court established a so-called tangible-alteration test that has no support from any top court decision.

  • November 17, 2022

    Residents Booted From Collapsing Building Denied Coverage

    A Wisconsin federal judge dismissed a suit from condo owners seeking more than $17 million in insurance coverage after losing access to their apartments in a collapsing six-story building ordered to be demolished by the city of Waukesha.

  • November 17, 2022

    Trucking Co. Not Covered For Pollution Claims, Insurer Says

    Ironshore Specialty Insurance Co. does not have to cover a trucking company accused of polluting and damaging a couple's property through a leaking saltwater disposal well, the Liberty Mutual unit told an Oklahoma federal court.

  • November 17, 2022

    11th Circ. Upholds Zurich's Win In COVID-19 Coverage Row

    Zurich American Insurance Co. need not provide coverage for pandemic-related losses suffered by a Florida restaurant group, after the Eleventh Circuit affirmed on Thursday a lower court's ruling that none of the company's alleged COVID-19 losses involved a tangible change to its property.

  • November 17, 2022

    Mars Can't Get 2nd Shot At Virus Coverage Suit, Insurer Says

    Factory Mutual Insurance Co. urged a Virginia federal judge not to reconsider her dismissal of Mars Inc.'s COVID-19 coverage suit, arguing Wednesday that nothing has changed since her October decision against the candy maker.

  • November 17, 2022

    Judge Won't Reconsider Va. Health Co.'s Virus Coverage Suit

    A Virginia federal judge declined to reconsider a Roanoke-based health system's $150 million COVID-19 coverage suit against American Guarantee & Liability Insurance Co., finding that arguments similar to those made by the system had been rejected in an "overwhelming majority" of other cases.

  • November 17, 2022

    Contrite Ex-CFO Says Trump Org. Guilty, But Not Trumps

    The Trump Organization's longtime finance chief Allen Weisselberg got choked up on the stand Thursday as he told a Manhattan jury that he had broken the Trump family's trust, testifying that his tax crimes implicated the company but not the former president or his children.

  • November 16, 2022

    9th Circ. Told To Reignite Fight Over Fire Loss Coverage

    Hanover American Insurance Co. must fully cover the costs from an explosion of a tank wash center on a Montana property, a tank trailer company argued to the Ninth Circuit, maintaining that the policy covering the company insured the entire parcel of land where the center was located.

  • November 16, 2022

    Zurich Unit Wrongly Removed Storm Damage Suit, Judge Says

    A Louisiana federal judge remanded a Lake Charles-area hospital's hurricane damage suit against Zurich American Insurance Co. to state court, finding one of the insurer's units improperly removed the suit without being a party to the case.

  • November 16, 2022

    Cigna Demands Unpaid Lawyer Continue COVID-19 Lab Suit

    Cigna Health and Life Insurance Co. blasted a motion from an unpaid attorney for a radiology lab who asked to be removed as counsel from his client's New Jersey federal suit seeking nearly $1.5 million in reimbursement for COVID-19 services the lab said are covered by insurance because of federal legislation.

  • November 16, 2022

    La. Law Firms Defend Virus Coverage Suit

    Two New Orleans-based law firms asked a Louisiana federal court Wednesday to reject Starr Indemnity & Liability Co.'s bid for a pretrial win in their COVID-19 coverage suit, citing a state appellate court's ruling in favor of a policyholder.

Expert Analysis

  • Property Insurance Coverage Can Hinge On 'Riot' Or 'Protest'

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    As protests erupt across the U.S. in response to the U.S. Supreme Court overturning Roe v. Wade, Alycen Moss and Elliot Kerzner at Cozen O'Connor examine important property insurance questions that depend on whether a gathering of people is classified as a protest or a riot.

  • Lessons From Calif. Liability Claim Recoupment Ruling

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    A recent California federal court decision in Evanston Insurance v. Winstar Properties illustrates the perils of insurer recoupment and underscores the importance of assessing recoupment rights, if any, throughout the claims process, say Geoffrey Fehling and Veronica Adams at Hunton.

  • Recent Decisions Are Eroding All-Risk Insurance Coverage

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    All-risk insurance coverage is under siege by insurers' broad interpretations of established exclusions, and recent decisions in New Jersey and New Hampshire have shown that courts may not protect coverage despite the policies' text and intent, says Nicholas Insua at Reed Smith.

  • Exploring Calif. Wildfire Insurance's Legislative Landscape

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    As California wildfire season approaches, elected officials and insurance companies continue to face the task of finding long-term solutions, including an increasingly important role for mitigation efforts by individual homeowners and business owners in order to protect their property, say Jan Larson and Jenna Conwisar at Jenner & Block.

  • COVID Coverage Cases Conflict With Insurer Documentation

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    A look at three court cases highlights a gap between successful insurer arguments made in litigation about policy text and the insurance industry's own understanding of the potential for property damage and business interruption coverage of virus- and disease-related claims, say professors at UConn, the University of Nevada and Queen's University.

  • Pandemic Losses Do Not Trigger Biz Interruption Coverage

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    Although Law360 has reported that there may be hope for policyholders seeking property insurance coverage for pandemic-related losses, basic contract principles and overwhelming case law show the opposite, say attorneys at Dentons.

  • 2 Calif. Insurance Decisions Question Boundaries Of Fortuity

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    Last month, California state and federal courts revisited fortuity issues in two decisions that show how the occurrence requirement and the California Insurance Code's prohibition on coverage for an insured's willful acts can be exceedingly difficult to apply to lawsuits alleging novel legal theories, say Jodi Green and Sophia von Bergen at Miller Nash.

  • Insurer Best Practices For NY Climate Risk Compliance

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    Insurers should view the New York Department of Financial Services' guidance on managing financial risks from climate change as a bellwether for state and federal regulation and should use the time before this summer's compliance deadline to prepare and implement an appropriate response strategy, say Jim Wrynn and Robert Stephens at FTI Consulting.

  • Assessing NFT Insurance Coverage Options And Gaps

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    Because non-fungible tokens do not come bundled with insurance policies, and until NFT-specific insurance policies become more common, NFT owners should proactively protect against risk by drawing upon existing frameworks, despite potential coverage gaps, say Brian Scarbrough and Edward Crouse at Jenner & Block.

  • Crypto And NFTs Could Change The Future Of Real Estate

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    As they grow increasingly popular, cryptocurrencies and nonfungible tokens may shape how real estate transactions are conducted and open the market to many new investors, but these changes are not without risk, says Hugo Alvarez at Cole Scott.

  • The Misinterpretation Of Pa.'s Bad Faith Claims Handling Rule

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    Courts applying Pennsylvania law in insurance coverage disputes, such as the recently decided Walker v. Foremost Insurance, and finding that where an insurer establishes that the subject claim is not covered by the insurer’s policy there can also be no bad faith claim by the insured, are inaccurately interpreting state law, say George Stewart and Max Louik at Reed Smith.

  • How Sonic Boom Risk Informs 'Physical Loss' For COVID Era

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    Applied to today's COVID-19 business interruption insurance battles, insurers' historical treatment of damage associated with sonic booms — or explosive sounds stemming from supersonic airplane speeds — may call into question the many court rulings barring coverage for pandemic-related losses on narrow physical loss grounds, say Peter Kochenburger at the University of Connecticut and Jeffrey Stempel at University of Nevada, Las Vegas.

  • Justices Must Apply Law Evenly In Shadow Docket Rulings

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    In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

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