Property

  • October 21, 2022

    9th Circ. Won't Revive Dentist's Virus Coverage Suit

    The Ninth Circuit affirmed a trial court's dismissal of a Seattle dentist's claims for COVID-19 losses, citing a precedential Washington Supreme Court decision requiring direct physical damage to a property to trigger insurance coverage.

  • October 21, 2022

    Mercedes-Benz Insurer Must Face Fire Coverage Suit

    The insurer for Mercedes-Benz's North American research and development branch will have to face a lawsuit from Pioneer State Mutual Insurance Co., a Michigan federal court ruled Friday, finding Pioneer's "inartfully pled" claim in a fire coverage lawsuit is nevertheless viable.

  • October 20, 2022

    La. Property Owner Sues Lloyd's Over Ida Damage

    A Louisiana limited liability company suing Lloyd's underwriters over Hurricane Ida property damage accused the insurers of handling its claim in bad faith, according to a complaint removed to federal court Thursday.

  • October 20, 2022

    Wash. Condo Wants Jury Trial Over Water Damages

    A condominium complex in Washington state amended its federal complaint against its insurers Thursday and demanded a jury trial to determine whether it is owed additional money toward more than $100 million in hidden water damage discovered in its buildings.

  • October 20, 2022

    Insurer Sues Miss. Mall Over $3M Zeta Storm Damage Claim

    A Cincinnati Financial Corp. subsidiary sued the owner of a Mississippi shopping center over coverage of its $3.2 million claim for damage from Hurricane Zeta, seeking a federal court declaration that an appraisal is not appropriate for resolving their differences.

  • October 20, 2022

    Zurich Gets Partial Win In REIT Flood Coverage Dispute

    A Massachusetts federal court handed Zurich American Insurance Co. a partial win in its battle with a real estate investment trust, finding that a $100 million sublimit in the trust's insurance policy applies to its $265 million thunderstorm damage claim.

  • October 20, 2022

    NY Insurer Escapes $7.9M Suit Over La. Hurricane Damage

    A textile mill seeking compensation from its insurers for $7.9 million in damage from 2020 hurricanes Laura and Delta has dropped its Louisiana federal case against one of its insurers.

  • October 19, 2022

    Judge Who Held Trump In Contempt Keeps $250M Fraud Case

    A New York administrative judge on Wednesday ruled the state attorney general's $250 million fraud case against former President Donald Trump will remain with the judge who previously held him in contempt and fined him $110,000 for violating court orders.

  • October 19, 2022

    Treasury Proposes Climate Risk Data Collection From Insurers

    The U.S. Treasury Department's Federal Insurance Office proposed collecting granular data from property and casualty insurers to assess U.S. markets' vulnerability to climate change.

  • October 19, 2022

    Travelers Reports High Losses In Post-Ian Quarterly Filing

    Travelers reported a record number of net premiums written in the third quarter of 2022, but acknowledged high catastrophe losses from Hurricane Ian and another decline in core income, according to a U.S. Securities and Exchange Commission filing Wednesday.

  • October 19, 2022

    Wash. Fitness Center Drops 9th Circ. Virus Coverage Appeal

    A Seattle-area fitness center dropped its Ninth Circuit appeal for pandemic-related loss coverage following a precedential Washington Supreme Court decision, an attorney for the company said Wednesday.

  • October 19, 2022

    Fla. Panel Reinstates Mold Company's Fight With Insurer

    A mold-testing company's case against an insurer it accused of breach of contract for nonpayment was revived after a Florida state appeals court reversed a trial court's dismissal Wednesday.

  • October 19, 2022

    Insurer Fights Coverage Of $7M Building Defect Claims

    A Tokio Marine unit said it has no duty to indemnify a contractor for over $7 million of damage claimed by a property owners association during arbitration, telling a California federal judge that the alleged damage falls outside the policy's insuring agreement or is otherwise excluded from coverage.

  • October 18, 2022

    5th Circ. Won't Revive La. Jeweler's Virus Coverage Suit

    The Fifth Circuit rejected a New Orleans jeweler's request for a full rehearing on its COVID-19 pandemic business interruption suit against Axis Surplus Insurance Co. on Tuesday, leaving in place the court's affirmation of the jeweler's loss in a lower court.

  • October 18, 2022

    Zurich Drops Contractor From $3.7M NY Lab Fire Suit

    A company contracted to install an electric meter at a lab that burned down was dismissed Tuesday from a New York federal suit brought by Zurich American Insurance Co. alleging the device caused $3.7 million in damage by igniting the facility.

  • October 18, 2022

    Insurer And Trucking Co. Agree To Drop Crash Coverage Suit

    Acuity, A Mutual Insurance Co. and a Tennessee trucking company asked a federal judge in a joint filing Tuesday to dismiss the insurer's suit, which sought to limit payment for a crash involving a company employee to $2 million under a liability policy.

  • October 18, 2022

    Chemical Co. Seeks Coverage For River Pollution Claims

    A manufacturer of inks and pigments told a New Jersey federal court that three AIG units and a unit of Great American Insurance Group must defend and indemnify it over river pollution claims, which stretch across government investigations, confidential mediations and three suits filed in state or federal court.

  • October 18, 2022

    Hospital Asks 7th Circ. To Revive $85M Virus Coverage Suit

    A Wisconsin health care network asked the Seventh Circuit to resurrect its $85 million pandemic coverage fight against Factory Mutual Insurance Co., arguing that it is plausible that its policy provides coverage and that it made a sufficient case to survive a motion to dismiss.

  • October 18, 2022

    Del. Supreme Court Rejects Water Park's COVID-19 Appeal

    The Delaware Supreme Court affirmed the dismissal of a COVID-19 coverage suit from a multistate water park venture, becoming the latest state high court to side with carriers.

  • October 18, 2022

    9th Circ. Upholds Yoga Studio's Virus Coverage Loss

    The Ninth Circuit rejected a Washington yoga studio's COVID-19 business interruption appeal against Philadelphia Indemnity Insurance Co., finding a virus exclusion barred coverage.

  • October 17, 2022

    9th Circ. Affirms Toss Of Dentists' Virus Coverage Claims

    The Ninth Circuit held in a pair of unpublished opinions Monday that a slew of dental specialists in Washington are not entitled to coverage for their pandemic-related losses, holding that loss of use due to government-imposed shutdown orders does not constitute physical loss or damage to trigger coverage.

  • October 17, 2022

    Wash. Panel Extinguishes Insurer's Pellet Stove Fire Win

    A Washington state appellate court reversed American Family Mutual Insurance Co.'s summary judgment win against the seller of a faulty pellet stove Monday, finding the insurer didn't do enough to prove it couldn't sue the stove's manufacturer first.

  • October 17, 2022

    AIG Countersues Builders For Settlement Reimbursement

    A group of residential home development and construction companies must reimburse AIG Specialty Insurance Co. for settlement amounts it paid to help resolve one of many construction defect suits and claims the companies face, the insurer told a California federal court Monday.

  • October 17, 2022

    State Farm Takes Roofer's Hail Storm Suit To SC Federal Court

    A case brought by a roofing company against State Farm Fire and Casualty Company in South Carolina state court for not paying for repairs the company made to a home damaged by a 2021 summer wind and hailstorm has been removed to South Carolina federal court by the insurer, according to court records.

  • October 17, 2022

    NJ Federal Judge Tosses Bar's COVID-19 Coverage Suit

    A New Jersey federal judge tossed a bar and restaurant's COVID-19 business interruption lawsuit against AmGuard Insurance Co., finding a virus exclusion barred coverage.

Expert Analysis

  • Insurer Considerations For Post-Pandemic Virtual Mediation

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    To determine whether to continue engaging in virtual mediations after the pandemic ends, insurers should weigh the format's challenges against its benefits, including decreased hostility between parties, time and cost, and increased client participation, say Jennifer Gibbs and Amanda Rodriguez at Zelle.

  • Data-Based Predictions On Case Timelines After Pandemic

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    Richard Finkelman and Karl Schliep at Berkeley Research Group analyze state and federal court data to pinpoint trends and predict changes in case resolution time frames after the COVID-19 pandemic upended judicial proceedings across the country, and they explain how parties can use these analytics to inform litigation decisions.

  • Embracing ESG

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    In this Expert Analysis series, in-house counsel share how they are adapting to the growing importance of environmental, social and corporate governance factors.

  • The Right Condo Governance Provisions Can Enhance Safety

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    Though condominium and community governance documents cannot prevent a structural failure, such as the Champlain Towers tragedy, developers and their lawyers can draft these documents to better educate board members and remove obstacles to preserving community assets, says Bob Burton at Winstead.

  • Risks To Consider For Commercial Real Estate Gap Closings

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    The use of the gap closing mechanism in commercial real estate transactions — when there is a delay between a purchase and the recording of documents — has been increasing amid the pandemic, but certain complications can arise for buyers when an intervening matter influences a title's quality, says Jennifer Ioli at Sherin and Lodgen.

  • Avoiding Unauthorized Practice Of Law In Remote Work

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    The COVID-19 pandemic has forced many lawyers to telecommute, potentially from home jurisdictions where they are not admitted, raising questions about compliance with states’ unauthorized practice of law mandates — but attorneys can look to rules, advisory opinions and case law for clarity, say Lauren Snyder and Amy Richardson at Harris Wiltshire.

  • NY Ruling Should Make Counsel More Cautious In Emails

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    A recent New York Appellate Division decision, Philadelphia Insurance v. Kendall, makes it much more likely that a settlement could be effectuated by simple email exchanges without more formal written documentation memorializing all the terms of the settlement, says Christopher Gorman at Abrams Fensterman.

  • Where Insurance Coverage For Condo Collapse Gets Murky

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    Property and casualty coverage for the Champlain Towers tragedy may be complicated, since different versions of collapse coverage are found in different policies, both for the individual condo owners and the condominium association, say Glenn Jacobson and Mark Binsky at Abrams Gorelick.

  • Courts Should Heed Contract Law In COVID-19 Physical Loss

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    While a recent Law360 guest article urged courts to adopt the particle theory of coverage in deciding COVID-19-related property loss and damage claims, this approach ignores the intent, function and language of commercial insurance policies — not to mention the science itself, say Adam Fleischer and Elisabeth Ross at BatesCarey.

  • Insurance Brokers Should Expect Wave Of E&O Claims

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    Policyholders' unsuccessful COVID-19 business interruption suits and the pandemic-related move to remote work will likely result in a plethora of errors and omissions claims brought against insurance agents and brokers, as evidenced by recently filed cases, says Peter Biging at Goldberg Segalla.

  • COVID Insurance Rulings Are Misinterpreting 'Physical Loss'

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    Recent court decisions interpreting "direct physical loss" clauses to deny COVID-19 business interruption recovery where the subject property has not been structurally altered contradict the purpose of all-risks insurance, the ordinary meaning of the operative policy language and pre-pandemic case law, says ​​​​​​​Lee Epstein at Flaster Greenberg.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • Courts Should Defer To Science On COVID-19 Physical Loss

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    As litigation of pandemic-related business interruption claims continues nationwide, the insurance carriers and courts adopting the most conservative interpretation of "physical loss or damage" — the basic trigger for business interruption coverage — are making erroneous assumptions about a complex physical phenomenon, says Micah Skidmore at Haynes and Boone.

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