Property

  • November 15, 2022

    Insurer Says No Need To Certify DC Virus Damage Question

    Factory Mutual Insurance asked the D.C. Circuit to deny George Washington University's request to certify a question on whether the presence of COVID-19 can cause physical loss or damage to property, pushing back on the university's attempt to continue its $1 billion business interruption coverage bid.

  • November 15, 2022

    Judge Dismisses Oregon Restaurants' Virus Coverage Suits

    An Oregon federal judge adopted a magistrate judge's recommendation, dismissing COVID-19 coverage suits from three Portland restaurants against insurer Cincinnati Insurance Co.

  • November 15, 2022

    Insurer Wins Default In Hurricane Dispute With Dredging Co.

    A Texas federal judge granted an AmeriTrust unit's bid for default judgment in its coverage suit against a dredging company accused of exacerbating flood damage during Hurricane Harvey, which comes after the company failed to respond to the insurer's complaint.

  • November 14, 2022

    Trump Controller Branded 'Hostile Witness,' Admits Crimes

    The Trump Organization's controller was branded a hostile witness for evasive testimony on Monday even as he admitted committing tax fraud on behalf of two executives and said Donald Trump himself was aware of at least some aspects of the alleged fraud.

  • November 14, 2022

    Defects Without Property Damage Not Covered, Judge Finds

    A Hawaii federal judge agreed with Travelers units that they don't owe coverage for claims of defective work that didn't cause property damage at a development, but declined to put a dollar amount on that portion of the allegedly defective work.

  • November 14, 2022

    Fla. Panel Says Notice Letter Bars Couple's Insurance Suit

    A Florida state appeals court on Monday upheld a State Farm unit's win in a lawsuit over the insurer's handling of a couple's claim for sinkhole coverage, agreeing with a lower court that the couple's prelitigation notice letter was too general to comply with state requirements.

  • November 14, 2022

    Settlement Reached In Ice Rink's $10M Insurance Claim

    The operator of a Michigan ice arena settled its lawsuit against Affiliated FM Insurance Co. seeking coverage of its $10.6 million claim for damage and other costs arising from five underground pipe breaks in 2016.

  • November 14, 2022

    La. Shopping Center's Hail Damage Suit Ruled Untimely

    A Louisiana federal judge tossed a case against Great American Insurance Co. of New York, finding that a dispute over the insurer's denial of coverage for hailstorm damage to a shopping center's roof was brought too late.

  • November 14, 2022

    New 7th Circ. Rulings Put End To Salon's Virus Coverage Suit

    West Bend Mutual Insurance Co. prevailed over a southern Illinois salon's bid for COVID-19-related coverage after a federal court reconsidered the insurer's motion to dismiss in light of two Seventh Circuit decisions.

  • November 14, 2022

    Va. Medical Centers' Bid For Early Win In Virus Suit Denied

    A Virginia federal judge sided with American Guarantee and Liability Insurance Co. in a COVID-19 business interruption case brought by two medical center operators, finding in an order entered Monday that they couldn't get coverage for lost income from government orders that postponed elective procedures.

  • November 14, 2022

    Insurer Asks 1st Circ. To Affirm Defect Suit Coverage Win

    An insurer asked the First Circuit to uphold a ruling that relieved it from defending a contractor in a suit over the mismanagement of a construction project, arguing the costs associated with correcting the contractor's faulty work are not covered by its policies or supported by Massachusetts law.

  • November 10, 2022

    Trump Org Payments Risked GC's Law License, Witness Says

    Trump Organization controller Jeffrey McConney testified to a Manhattan jury Thursday that an accountant warned the company that the way it paid bonuses to executives could result in the chief legal officer losing his law license, prompting the lawyer to immediately change how he was paid.

  • November 10, 2022

    Insurer Wants Out Of Gas Driller's Row With Green Grower

    An insurer told a West Virginia federal judge it had no duty to defend a solar- and wind-powered greenhouse business against claims its structures prevented a company with leased oil and gas rights from drilling new wells.

  • November 10, 2022

    Updating FEMA Flood Maps Critical But Costly, Experts Say

    Updating official flood maps to accurately reflect risk has taken on added attention following Hurricane Ian, but insurance experts say the expense of such an undertaking could be massive, and it may leave some homeowners vulnerable to new premiums.

  • November 10, 2022

    Minnesota Bar Owner Can't Collect On Ex-Husband's Arson

    A woman whose ex-husband burned down their bar lacks standing to seek insurance proceeds since she is not the named insured, according to a Minnesota federal judge.

  • November 10, 2022

    Insurers Sue NJ Hotels Over COVID-19 Coverage

    A Swiss Re unit and several Lloyd's of London syndicates told a New Jersey state court they do not owe COVID-19 business interruption coverage to the owner of several Cape May hotels, arguing the company's claims fall under policy exclusions for viruses and "indirect or consequential" losses.

  • November 10, 2022

    Sports Celebrations Can Raise Slew Of Coverage Claims

    The Houston Astros' World Series win over the Philadelphia Phillies didn't lead to rioting in either city, but sports fans' rowdy reactions to championship results have resulted in property damage ⁠— and insurance claims ⁠— in the past.

  • November 10, 2022

    Zurich Braced For $550M Battering From Hurricane Ian

    Zurich Insurance Group said Thursday that it would probably take a $550 million hit from Hurricane Ian as insurers begin to count the cost of one of the most devastating natural catastrophes to hit the U.S. in recent years.

  • November 09, 2022

    Natural History Museum Fights To Pause COVID Coverage Suit

    The American Museum of Natural History and Affiliated FM Insurance Co. expressed conflicting interests to a New York federal court, with the museum seeking to extend the stay on its case for COVID-19 loss coverage, and its insurer seeking to end it.

  • November 09, 2022

    $40M Hurricane Insurance Dispute To Stay In Puerto Rico Only

    A Massachusetts-based commercial real estate and loan servicing company's bid for $39.6 million in Hurricane Maria coverage will stay exclusively in Puerto Rico, after a federal judge dismissed an identical action in the Bay State on Wednesday.

  • November 09, 2022

    State Farm Drops $1.2M Suit Against Tesla Over Garage Fire

    Two State Farm units agreed Wednesday to drop their more than $1.2 million lawsuit against Tesla Inc. in Indiana federal court, which levied accusations that the automaker was responsible for a defective car that caught fire while charging in a family's garage.

  • November 09, 2022

    Michigan Utility Co. Seeks $1.7M After Virus Derails Project

    A Michigan public utility company is asking for a federal court's assistance in recovering over $1.7 million from insurers including Allianz and Liberty Mutual to cover damages that the company says it incurred after halting construction of a natural gas power plant due to the COVID-19 pandemic.

  • November 09, 2022

    8th Circ. Affirms Agent's Win In Suit Over Flood Damage

    The Eighth Circuit upheld an insurance agency's win Wednesday in a fight over coverage for flood damage to $1.2 million worth of products kept at a warehouse, finding no extra duty existed to inform two hotel operators about the need for a builder's risk policy when storing fixtures during renovations.

  • November 09, 2022

    4th Circ. Won't Review Hotel Co.'s Pipe Collapse Appeal

    The Fourth Circuit declined to rehear a Maryland Comfort Inn operator's underground pipe collapse appeal in front of the full court, further rebuking the company's bid for coverage from Cincinnati Insurance Co.

  • November 09, 2022

    California Insurance Chief Lara Notches Midterm Victory

    Democratic Insurance Commissioner Ricardo Lara will stay in office after beating his rival, Republican Robert Howell, the president of a Silicon Valley-based cybersecurity equipment manufacturer, by a margin of 57.9% to 42.1% with 100% of precincts partially reporting as of early Wednesday.

Expert Analysis

  • The Flaws In The Traditional Approach To Hiring A Law Firm

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    Trevor Faure at Smarter Law Solutions and Gregory Richter at Major Lindsey offer an inside look at Teva Pharmaceuticals' recent overhaul of its law firm relationships through anonymous grading, and discuss how the company’s surprising findings on the correlation between quality and cost reveal shortcomings in traditional business development.

  • Federal Courts Are Right Venue For COVID Insurance Cases

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    Two recent Law360 guest articles positing that state, not federal, courts should be deciding COVID-19 insurance coverage disputes incorrectly assume that these cases contain novel insurance law issues, say attorneys at Dentons.

  • Keys To Keeping Law Firm Talent Amid The Great Resignation

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    With employees leaving their jobs at an unprecedented pace during the "Great Resignation," law firm leaders looking to retain associates and professional staff need to operate with emotional intelligence, talk about failures openly and take the time to offer frequent feedback, says Dorianna Phillips at Lane Powell.

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Litigation Complicates Surprise Medical Bill Law Compliance

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    Health care providers working on compliance with a recently effective law intended to curb surprise medical bills should prioritize provisions of the statute that are not being challenged by a group of ongoing lawsuits, and prepare to take advantage of potential provider-friendly court rulings regarding components in question, say Brenna Jenny and Jaime Jones at Sidley.

  • How NJ Bad Faith Auto Insurance Bill Compares To Pa.'s

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    The recently enacted New Jersey Insurance Fair Conduct Act, is in some ways narrower and in other ways broader than Pennsylvania's notoriously strict bad faith statute and leaves open many fundamental questions, which took Pennsylvania decades of litigation to resolve, say Kristin Jones and Brian Callaway at Troutman Pepper.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • Reach Of Ohio Ransomware Ruling Limited To Policy At Hand

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    While an Ohio appellate court's recent decision allowing the insured's ransomware attack claim to proceed in EMOI Services v. Owners Insurance may seem significant for insurance jurisprudence, it should not have implications beyond policies specifically insuring damage to software, says Jane Warring at Zelle.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • Flawed NY Insurance Law Needs Amendments

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    The New York Comprehensive Insurance Disclosure Act, recently signed by the governor, imposes a multitude of problematic disclosure obligations on defendant-insureds, which the Legislature should — and likely will — seriously consider modifying or eliminating, says Richard Mason at MasonADR.

  • Recent Bias Suits Against Law Firms And Lessons For 2022

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    2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.

  • Associate Hiring Outlook At Law Firms Is Bright For 2022

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    After a year of extraordinary signing bonuses, nearly instantaneous offers and flexible work arrangements, strong demand for talented law firm associates will continue into 2022 — with some differences between East and West Coast markets — and junior attorneys should take steps to capitalize on the opportunity, say Ru Bhatt and Summer Eberhard at Major Lindsey.

  • The Most-Read Legal Industry Guest Articles Of 2021

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    Popular legal industry guest articles this year included commentary on the admissibility of video depositions, an unusual U.S. Supreme Court citation, the perils of lawyer perfectionism, and more.

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