Property

  • October 31, 2022

    Insurer Of NBA's Kings Can't Escape Virus Coverage Suit

    Factory Mutual was denied in its bid to end the Sacramento Kings' lawsuit demanding coverage for pandemic-related losses, with a California federal judge on Friday issuing a rare ruling on the pleadings in favor of policyholders and finding that the reasonable interpretation of the policy's scope and exclusions encompasses the team's insurance claims.

  • October 31, 2022

    Trump Org's Fraud Defense Opens With Flurry Of Objections

    Trump Organization attorneys had a bumpy start in the Manhattan district attorney's criminal tax fraud trial Monday as the judge repeatedly warned the former president's companies not to interpret the law for jurors.

  • October 31, 2022

    New Orleans Strip Mall Owner Sues Insurer For Zeta Coverage

    The owner of two New Orleans-area shopping centers sued Arch Specialty Insurance Co., accusing the insurer of refusing to pay its claim for damage to its properties caused by Hurricane Zeta.

  • October 28, 2022

    Reluctant Trump Witnesses Flagged To Jury Before Openings

    New York state prosecutors told jurors Friday that some witnesses testifying at the tax fraud trial of the Trump Organization were still being paid by the company and may be reluctant to tell the truth, and that some "won't even talk to us."

  • October 28, 2022

    Ygrene, FTC Settle Suit Over Deceptive Clean Energy Loans

    Clean energy lender Ygrene on Friday settled a lawsuit in which the Federal Trade Commission and California's attorney general accused the company of deceiving customers about how their loans could impede their ability to sell or refinance their homes.

  • October 28, 2022

    Superstorm Sandy Leaves Long Insurance Legacy At 10 Years

    Ten years after Superstorm Sandy pummeled New York and the tri-state area, more homeowners and businesses are attuned to insurance coverage needs for storms, but concerns remain that highly urbanized areas are particularly vulnerable to natural disasters.

  • October 28, 2022

    Travelers Says No Coverage For Electric Co.'s Injury Dispute

    A Travelers unit said it doesn't owe coverage to an electrical company facing a $100,000 default judgment for its alleged failure to secure a live wire that injured a plumber at a work site, telling a Michigan federal court that the company breached its contractual duties under the policy.

  • October 28, 2022

    Insurer, Texas Co. Settle $1.2M Hail Damage Coverage Suit

    Seneca Insurance Co. has reached a settlement with a commercial property owner in a Texas federal suit over coverage of hail damage, according to a joint stipulation to dismiss the suit.

  • 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.

Expert Analysis

  • Federal Courts Make 2 Basic Errors In Virus Coverage Rulings

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    Many federal courts deciding dispositive motions in COVID-19 business interruption coverage cases are neglecting fundamental precepts of civil procedure by acting as fact-finders or failing to defer to forum state decisions, say attorneys at Hunton.

  • Lifting The Veil On The Supreme Court's Shadow Docket

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    Following headline-making U.S. Supreme Court emergency orders on Texas’ new abortion law, COVID-19 restrictions and more, Vetan Kapoor, counsel to Senate Judiciary Committee ranking member Chuck Grassley, R-Iowa, examines the court's so-called shadow docket and its decision-making procedures, including questions around transparency, timing and precedential effect.

  • Insurance Commissioner's Agenda: DC On Long-Term Care

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    Washington, D.C., Insurance Commissioner Karima Woods outlines the development of insurance coverage for older adults' long-term care benefits and how regulators and the industry are attempting to resolve issues with the popular product.

  • Embracing ESG: United Natural Foods GC Talks Bottom Line

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    In prioritizing environmental, social and governance initiatives as strategic value drivers, corporate general counsel can leverage meaningful ESG progress to benefit both the business's bottom line and the wider world, says Jill Sutton at United Natural Foods.

  • Ruling Rightly Sends COVID Biz Interruption Question To Jury

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    After a string of insurer coronavirus coverage wins on dispositive motions, a Missouri federal court's ruling this week in favor of the policyholder in K.C. Hopps v. Cincinnati Insurance places the decision-making responsibility about the facts and science in COVID-19 business interruption cases back where it belongs — with a jury, say attorneys at Pillsbury.

  • Policyholder Outlook Following UK Biz Interruption Test Case

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    In the nine months since the U.K. Supreme Court ruled in favor of policyholders in the Financial Conduct Authority’s test case on insurance coverage for COVID-19 businesses interruption claims, similar lawsuits filed against insurers show that a positive outcome for insureds is not guaranteed, say Peter Sharp and Paul Mesquitta at Morgan Lewis.

  • Justice Gap Demands Look At New Legal Service Models

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    Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

  • Lessons From 3rd Circ. COVID Biz Interruption Ruling

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    The Third Circuit's recent DiAnoia's v. Motorists Mutual Insurance decision, directing district courts to reevaluate their remand of three pandemic-related business interruption cases to state courts, holds a lesson that determining Declaratory Judgment Act jurisdiction requires a rigorous analysis of all factors, says Regen O'Malley at Gordon Rees.

  • What 5th Circ. Ruling Means For Insurers' Post-Award Liability

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    The Fifth Circuit's recent decision in Randel v. Travelers, holding that an insurer's timely preappraisal payment did not extinguish its liability to its insured, highlights the importance of thoroughness and accuracy in initial loss inspections, says ​​​​​​​Karl Schulz at Cozen O'Connor.

  • Insurance Commissioner's Agenda: Del. Tackles Mental Health

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    Delaware Insurance Commissioner Trinidad Navarro highlights the state's efforts to achieve insurance coverage parity for mental health care by confronting systemic stigma and penalizing disparate and restrictive insurance determinations.

  • Key Takeaways From The NAIC Summer National Meeting

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    Stephanie Duchene and Kara Baysinger at Willkie highlight what insurance practitioners should know about top industry priorities from the National Association of Insurance Commissioners’ recent national meeting, including climate-related risk, diversity and inclusion, and technological innovation.

  • New Fla. Atty Fee Law May Be Boon To Property Insurers

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    A new Florida law designed to curb property insurance litigation should add some balance to a historically hostile environment for insurers by shifting the onus onto policyholders to prove entitlement to attorney fees, say attorneys at Zelle.

  • Embracing ESG: AIG Counsel Talks SEC Risk Alert

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    As the U.S. Securities and Exchange Commission responds to the changing landscape on environmental, social and corporate governance investing, including with its recent risk alert, it is imperative that the regulator take a measured approach, says Kate Fuentes at AIG.

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