Property

  • October 28, 2022

    La. Cosmetics Store Sues Insurer For Hurricane Ida Coverage

    A Louisiana cosmetics shop sued AmGuard Insurance Co. in federal court, accusing the insurer of making a predetermined, bad faith decision to deny its Hurricane Ida damage claim.

  • October 28, 2022

    Gov't Is Not 'White Knight' In Theft Coverage Suit, Court Told

    A New Mexico federal court should reject the U.S. government's bid to nix a Travelers unit's counterclaims in a dispute over coverage of thefts committed by employees of policyholders that handled government benefit payments, the insurer said, asserting that its claims-handling in the matter was "textbook."

  • October 28, 2022

    Chocolatier Says Evidence Doesn't Support Sandy Verdict

    A chocolatier urged a New York federal court to override a recent jury verdict or order a new trial in a long-running coverage dispute over Superstorm Sandy damage, saying its insurer failed to identify any extrinsic evidence proving that the parties intended to bar coverage for storm surge losses.

  • October 27, 2022

    Law Panels Paint Picture Of Changing Insurance Landscape

    Trends stemming from COVID-19 business interruption litigation and the impact of recent rulings in opioid coverage fights stole the spotlight as panels of experts at a Practising Law Institute conference Thursday discussed the growth of insurance coverage disputes.

  • October 27, 2022

    Insurer Takes Okla. Meat Plant's Hail Damage Suit To Fed. Court

    A Nationwide unit removed an Oklahoma beef processing plant's hail damage suit to federal court, arguing the company wrongfully added its insurance agents to the case in order to keep proceedings in the Sooner State.

  • October 27, 2022

    NY Hemp Co. Sues Brokers Over Fire Interruption Coverage

    A New York hemp processor sued two insurance brokers Thursday, accusing them of procuring inadequate coverage that left it financially devastated by a fire at its Pennsylvania facility.

  • October 27, 2022

    Kaufman Dolowich Adds Atty To Insurance Group

    Kaufman Dolowich & Voluck LLP is expanding its insurance coverage and litigation practice group, the firm announced Thursday, hiring a new partner in the firm's Chicago office.

  • October 27, 2022

    Coverage Suit Over Vacant Building Fire Kept In Fed. Court

    A Mississippi federal judge refused to send a building owner's fire coverage suit against a Liberty Mutual unit back to state court, finding in an order Thursday that the company's insurance agent was improperly added to the case.

  • October 27, 2022

    Lakers Get 2nd Shot At Virus Business Interruption Coverage

    A California federal judge affirmed his ruling that the Los Angeles Lakers stated a claim for coverage of physical damage caused by COVID-19, while allowing the team to appeal a separate part of his decision dismissing the team's bid for business interruption coverage, which could yield a bigger sum.

  • October 27, 2022

    Gartner Rebukes Aon's Bid To Ax COVID Cancellation Dispute

    Global research firm Gartner Inc. has opposed its insurance broker's motion to dismiss a federal case against it involving $340 million in COVID-19 losses, arguing that the case should continue in New York, not be moved back to Connecticut where it began.

  • October 27, 2022

    FinCEN Renews Real Estate Reporting, Expands To Houston

    Title insurance companies are now required to name the people behind corporate entities buying residential real estate in the Texas cities of Houston and Laredo in certain nonfinanced deals, according to the U.S. Department of the Treasury's Financial Crimes Enforcement Network.

  • October 27, 2022

    Mondelez, Zurich Settle NotPetya Dispute Before Trial Close

    Mondelez International and Zurich American Insurance Co. said Thursday they've resolved their dispute over the insurer's refusal to cover the snack food giant's claim after the 2017 NotPetya malware attack crippled thousands of its servers and computers, the same day their two-week trial was expected to close.

  • October 26, 2022

    NotPetya Came From State Actor, Not Vandalism, Jury Hears

    The 2017 NotPetya malware attack that affected Mondelez International and several other businesses operating in Ukraine was not a simple act of cyber vandalism but instead a "destructive operation" likely carried out by Russia, an Illinois jury heard Wednesday.

  • October 26, 2022

    Chubb Reports Nearly $1B In Hurricane Ian Losses

    Chubb reported almost $1 billion in losses from Hurricane Ian, while catastrophe losses in the third quarter totaled $1.16 billion, according to the insurer's third-quarter results.

  • October 26, 2022

    State Farm Again Asks 4th Circ. To Decertify Policyholders

    State Farm is seeking for a second time to decertify a class of policyholders accusing the insurer of wrongfully denying coverage for their pandemic-related losses, telling the Fourth Circuit the class members all have different factual circumstances surrounding their claims.

  • October 26, 2022

    Ohio Judge Says Data Loss Is Intangible, Citing COVID Cases

    An Ohio federal court sided with an insurer Wednesday, tossing an information technology company's case for lost data coverage, comparing it to COVID-19 insurance suits in which courts found that damage to businesses was intangible and thus not covered.

  • October 26, 2022

    9th Circ. Affirms Dismissal Of Calif. Eatery's Virus Suit

    The Ninth Circuit declined to revive a Michelin-starred restaurant's pandemic coverage suit against a Hartford unit, finding that the presence of the coronavirus doesn't cause physical loss or damage that would be covered.

  • October 26, 2022

    Hotel Co. Asks Full 4th Circ. To Review Pipe Collapse Ruling

    A Maryland Comfort Inn hotel operator asked the full Fourth Circuit to reconsider its underground pipe collapse coverage appeal against Cincinnati Insurance Co., arguing that a panel ignored policy language to reach its conclusion.

  • October 26, 2022

    Colo. Shopping Center Demands Fire Coverage Despite Cause

    A shopping center is asking a Colorado federal court to compel its insurer to cover losses connected with an early morning fire that broke out at a Chinese restaurant in the building in 2021, regardless of the cause.

  • October 25, 2022

    Fla. Condo's Hurricane Suit 11 Days Too Late, Insurer Says

    A Florida condo association's lawsuit seeking coverage for Hurricane Irma damage was filed 11 days late, a Chubb unit argued Tuesday in its motion to dismiss the suit.

  • October 25, 2022

    McDonald's Supplier Wants Fire Loss Row In State Court

    A company that supplies kitchen equipment for McDonald's franchisees asked a Texas federal judge to send its fire loss coverage suit back to state court, claiming a Chubb unit removed the case in a "procedurally defective" manner.

  • October 25, 2022

    Liberty Mutual Unit Settles With Calif. Co. Over $4M Omission

    A Liberty Mutual unit has reached a settlement with a California electronics company it accused of not mentioning nearly $4 million of stolen goods in its insurance application.

  • October 25, 2022

    ESG Efforts May Face Cuts Despite Importance, KPMG Says

    Environmental, social and corporate governance may encounter a new roadblock with mounting economic pressures, according to a survey from KPMG, which found that CEOs are willing to constrain ESG efforts when faced with an impending recession.

  • October 25, 2022

    La. Judge To Review Texas Firm's 1,640 Hurricane Suits

    Citing duplicate filings and other concerns, a Louisiana federal judge hit pause Friday on more than 1,640 insurance lawsuits filed by a single Texas plaintiffs firm stemming from hurricanes that hit southwest Louisiana two years ago.

  • October 25, 2022

    Travelers Urges 2nd Circ. To Uphold Warehouse Fire Ruling

    Travelers should have no duty to cover textile importer Ezrasons Inc. beyond a $250,000 limit following a warehouse fire, the insurer told the Second Circuit, arguing that a warehouse endorsement in Ezrasons' policy clearly provided extra coverage only for two other specific warehouse locations.

Expert Analysis

  • 2 Insurance Rulings Showcase Trend Favoring Appraisal

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    Two recent decisions from a Florida state court and the Tenth Circuit are consistent with the purpose of, and overwhelming judicial preference toward, appraisal as a means of property claim resolution, ensuring that policyholders have further support in employing this tool against a reluctant insurer, say Matthew Weaver and Jessica Gopiao at Reed Smith.

  • COVID Insurance Cases Highlight Federal-State Court Tension

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    COVID-19 insurance coverage litigation has resulted in an unprecedented number of federal courts preemptively ruling on an area of law in which state courts have final say — a problematic trend with likely undesirable results for litigants unless federal courts consider certain proactive solutions, says John Koch at Flaster Greenberg.

  • Strike And Riot Insurance Considerations For Policyholders

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    As civil unrest risks evolve, outpacing the insurance products designed to cover them, businesses relying on strike, riot and civil commotion coverage or commercial property coverage should review key aspects of their policies, say Jillian Raines and Shafkat Rakib at Cohen Ziffer.

  • Texas Insurers' Paths To Post-Appraisal Summary Judgment

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    Despite Texas insurance law changes that have altered the interaction between appraisal awards and certain extracontractual claims, recent state and federal court decisions show insurers still have options for summary judgment on policyholders' claims after the entry of an appraisal award, say Michael O'Brien and Claire Fialcowitz at Zelle.

  • What To Include In Orders Governing Remote Arbitration

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    When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

  • Insurers Should Honor Astroworld Coverage Obligations

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    While insurers may be eager to shift blame on Astroworld showrunner Travis Scott for conditions that resulted in 10 deaths and dozens of injuries, arguments suggesting the tragedy shouldn't be covered appear baseless in light of the facts and the law, says Benjamin Massarsky at Miller Friel.

  • Revisiting Loss Calculations For Business Interruption Claims

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    As business interruption insurance claims from COVID-19 and other recent catastrophes flood the courts, David Yohai and Heather Weaver at Weil examine two common judicial approaches to calculating losses, survey their outsize effect on an insured's recovery, and discuss how the influx of new decisions will change the landscape.

  • The Hazards Of Female Lawyers Being 'Office Moms'

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    Female attorneys are frequently credited with being the "office moms" who do critical but undervalued work — from bringing birthday cakes to serving on diversity committees — but as lawyers return to offices, now is a good time for employers to rectify the gender imbalance that disadvantages women, say Ninth Circuit Judge Margaret McKeown and Fine Kaplan partner Roberta Liebenberg.

  • Ransomware Case Signifies Shift In Cyber Insurers' Stance

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    The pleadings in a recently settled California federal court case, Boardriders v. Great American Insurance, show that cyber insurers are taking an adversarial approach to ransomware-related claims in the wake of increasing attacks, so policyholders should anticipate new policy language, claim-payment avoidance and more, say Lynda Bennett and Michael Scales at Lowenstein Sandler.

  • Pa. Ruling Leaves Auto Policy Stacking Questions

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    Following the Pennsylvania Supreme Court's recent decision in Donovan v. State Farm, implicitly confirming the validity of a household vehicle auto policy exclusion with a proper inter-policy stacking waiver, it is unclear what the court expects insurers to do about stacking waivers, say Christopher Woodward and Allison Krupp at Marshall Dennehey.

  • Cyber Rulings Aren't Helping COVID Biz Interruption Cases

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    Where policyholders have recently tried to draw comparison between the loss of property use from a COVID-19 shutdown order and the loss of data use from a ransomware attack, they have found courts unsympathetic to these arguments for business interruption insurance coverage, say Jane Warring and Kristian Smith at Zelle.

  • Insurance Commissioner's Agenda: NY On Industry Diversity

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    My Chi To, executive deputy superintendent of the New York State Department of Financial Services Insurance Division, discusses steps her agency is taking to promote diversity, equity and inclusion within the insurance industry and suggests practices for companies to consider adopting.

  • How Dealmakers Can Bridge M&A Differences In US, Europe

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    As business continues to heat up globally, differing practices and norms in mergers and acquisitions can lead to misunderstandings between U.S. and European dealmakers, but a comparison of documentation structures and processes can help avert these complications, say Piotr Korzynski and Piotr Jaskiewicz at Baker McKenzie.

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