Property

  • 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.

  • November 16, 2022

    Geico Says Class Can't Get Jury Trial Under 7th Amendment

    Geico asked a federal court Tuesday to toss a jury trial request in a suit affecting millions of California policyholders, arguing that under the Seventh Amendment and the state's Unfair Competition Law, a jury trial does not apply to the class' sole remaining equitable claim.

  • November 16, 2022

    Judge Agrees Recent Ruling Can't Save La. Biz's Virus Suit

    A Louisiana federal judge tossed a New Orleans restaurant owner's COVID-19 business interruption suit against Starr Surplus Lines Insurance Co., finding that the company did not show a direct physical loss necessary to trigger coverage.

  • November 16, 2022

    Exclusion Doesn't Bar Water Damage Claim, Wash. HOA Says

    An exclusion for faulty construction in a Country Casualty Insurance policy used incorrect language and can't be used to escape coverage of $3.5 million in hidden water damage claims, a condo homeowners association told a Washington federal court.

Expert Analysis

  • 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.

  • Ill. COVID Rulings Correctly Adopt Physical Loss Standard

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    In two recent decisions, Sweet Berry Cafe v. Society Insurance and Lee v. State Farm, Illinois appellate courts properly followed the Illinois Supreme Court's standard for physical loss when deciding COVID-19 business interruption cases, says Melinda Kollross at Clausen Miller.

  • A Guide To Extrinsic Evidence In Determining Duty To Defend

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    As the eight-corners rule for the duty to defend is increasingly riddled with exceptions to its strict formulation of confining the analysis to only the language of the insurance policy and the underlying complaint, Richard Mason at MasonADR discusses the newest notable decisions and offers strategies for attorneys litigating the duty to defend.

  • Political Risk Insurance May Help Cos. Hurt By Russian War

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    As Russia’s war on Ukraine causes severe economic fallout, it’s crucial that U.S. companies with operations in the region understand what losses might be covered by their political risk insurance policies, and take steps to ensure that all available coverage is preserved and maximized, says Micah Skidmore at Haynes and Boone.

  • Conn. Ruling Widens Scope Of Property Insurance Appraisals

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    After the Connecticut Supreme Court’s recent decision in Klass v. Liberty Mutual, holding that appraisers can apply the state’s matching statute when determining the amount of loss, insurers may not avoid appraisal on the sole basis that there is a coverage dispute, and policyholders will likely attempt to further expand the scope of appraisers' authority, says Peter Kelly Golfman at Zelle.

  • New 'Bad Faith' Claim Law Holds NJ Insurers Accountable

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    New Jersey’s recently enacted Insurance Fair Conduct Act, giving policyholders a bad faith cause of action for claims involving uninsured and underinsured motorist coverage, is an important step toward countering unfair insurer advantage and expanding consumer protections, say attorneys at K&L Gates.

  • Insurance Implications Of Texas '8 Corners' Rulings

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    Two recent Texas Supreme Court opinions resolve a long-pending question by reaffirming the so-called eight-corners rule as the primary means for determining an insurer's duty to defend, which should provide greater consistency between future state and federal decisions, says Susan Kidwell at Locke Lord.

  • Why I'll Miss Arguing Before Justice Breyer

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    Carter Phillips at Sidley shares some of his fondest memories of retiring Justice Stephen Breyer both inside and out of the courtroom, and explains why he thinks the justice’s multipronged questions during U.S. Supreme Court oral arguments were everything an advocate could ask for.

  • Defense Counsel Must Alter Tactics To Fight Outsize Verdicts

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    If defense counsel continue to use the same strategies they’ve always relied on without recognizing plaintiffs attorneys’ new playbook, so-called nuclear verdicts, such as the recent $730 million jury verdict in a wrongful death case in Texas, will continue to proliferate, says Robert Tyson at Tyson & Mendes.

  • BigLaw Must Nix All-Or-Nothing Work Model To Retain Talent

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    Record numbers of workers quitting in the “Great Resignation,” paired with the growing success of nontraditional and freelance legal services, show that BigLaw’s management committees must reconsider rigid billable hour expectations and be open to part-time and noncontinuous work arrangements, says Hui Chen at Hui Chen Ethics.

  • 11th Circ. Ruling Highlights Trend Of Stricter Insurer Valuation

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    The Eleventh Circuit's recent decision in favor of the insurer in Metal Products v. Ohio Security Insurance is a jarring reminder that both Florida insurance companies and courts are increasingly viewing policy valuation provisions with stricter scrutiny, say Gina Lozier and Christopher Choquette at Berger Singerman.

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