Property

  • December 06, 2022

    Chicken, Berry, Tomato Shipments Not Covered, Insurer Says

    Endurance Worldwide Insurance Limited asked a Colorado federal judge for a pretrial win in a lawsuit it is facing from a trucking company over coverage of rejected or refused chicken, berry and tomato deliveries.

  • December 06, 2022

    Reef Policy Shows Insurance's Potential In Climate Fight

    The recent enactment of the first coral reef insurance policy in the United States is a welcome development for environmental protection and an example of how insurance can be used creatively to combat climate change by covering unconventional risk, experts told Law360.

  • December 06, 2022

    Tampa Building Owner Sues Insurers In $1M Elevator Collapse

    The owner of a 42-story Tampa Bay office building sued its insurers Tuesday in Florida federal court seeking coverage for a 2021 elevator collapse it says cost more than the $1.1 million its insurers paid.

  • December 06, 2022

    No Additional Insured Coverage In Injury Suit, Insurer Says

    Houston Casualty Co.'s bid to secure defense from Allied World Assurance Co. for a construction project owner and general contractor in a worker's underlying injury suit must be denied, Allied World told a New York federal court Tuesday, arguing key factual issues remain.

  • December 06, 2022

    Trump Org. Convicted Of Criminal Tax Fraud In NY Trial

    A Manhattan jury convicted two Trump Organization companies Tuesday of a $1.76 million tax fraud conspiracy involving their longtime chief financial officer, Allen Weisselberg.

  • December 06, 2022

    Broker Wants Out Of Insurer's Policy Spat With HOA

    An insurance broker shouldn't be included in an insurer's suit seeking to rescind a policy it issued to a homeowners association, the broker told a California federal court Thursday, arguing that it can't be held responsible for alleged misrepresentations in a client's insurance application.

  • December 06, 2022

    Insurer Urges Default Judgment In Drive-By Shooting Case

    A Munich Re unit asked a Georgia federal court to enter a default judgment against Atlanta property owners over an underlying drive-by shooting case, arguing that its lack of response to the insurer's suit constitutes an admission that no coverage exists for the claims.

  • December 06, 2022

    Luxury Home's Fire Sale Suit Too Late, Judge Says

    Time ran out for claims brought by a builder blaming its insurer for a multimillion-dollar property price drop because of an inadequate wildfire damage payment, a California federal judge ruled in tossing the suit.

  • December 05, 2022

    Insurers Want $11M Ida Coverage Fight Arbitrated

    Numerous insurers for 75 properties damaged by Hurricane Ida have asked a New York federal court to stop Louisiana state court proceedings over coverage for $11 million in Hurricane Ida damages because they say the matter belongs in arbitration.

  • December 05, 2022

    Insurer Says La. Diocese Filed Damage Claims Too Late

    American Bankers Insurance Co. of Florida asked a Louisiana federal court Monday to toss a Roman Catholic diocese's more than $45 million hurricane damage suit against it and the National Flood Insurance Program, arguing the church filed its claims at the last minute and years too late.

  • December 05, 2022

    Airbnb Stiffs Homeowners Of Promised Protection, Co. Says

    Airbnb advertises its "AirCover for Hosts" insurance to attract property owners to use the vacation rental company's services, but when a renter vandalized one Seattle-area company's property, Airbnb refused to live up to its promises, according to a new lawsuit filed in Washington state court.

  • December 05, 2022

    Vacation Rental Owners Drop COVID-19 Coverage Suit

    A married Oregon couple agreed to drop a proposed class action against Foremost Insurance Co. on Monday, ending the pair's bid to get coverage for lost rental property income from the COVID-19 pandemic.

  • December 05, 2022

    Jury Mulls Trump Org. Tax Fraud Case After Warning On Bias

    A Manhattan jury on Monday began deliberations in the district attorney's tax fraud case against the Trump Organization after receiving instruction on New York's peculiar corporate criminal liability law and a renewed warning against anti-Trump bias.

  • December 05, 2022

    Calif. Restaurant's $2M Wine Theft Suit Headed To State Court

    A California Italian restaurant robbed of $2 million in wine succeeded in getting its case for insurance coverage remanded to California state court.

  • December 02, 2022

    Insurer Says No Coverage For Planes Abandoned In Indonesia

    A plane leasing company's insurer asked an Oklahoma federal court to deny coverage for five planes ruined when lessees abandoned them in corrosive Indonesian saltwater environments and they could not be retrieved.

  • December 02, 2022

    Firm, Insurer Settle $2.3M Dispute Over Storm Damage Award

    A Tennessee risk management firm has settled its hail and wind damage suit against Auto-Owners Insurance Co. through mediation, according to a report filed Thursday, ending its pursuit of more than $2.3 million it claimed the insurer owed from a binding appraisal award.

  • December 02, 2022

    Ga. Judge Clips Co.'s Insurance Claims Over Employee Theft

    Travelers Insurance Co. of America will have to face claims that it denied nearly $1 million in coverage to a Washington, D.C.-based real estate company in bad faith under Georgia law, a federal judge said Thursday, but the court dismissed related bad faith claims brought under D.C. law and the real estate company's claim for litigation expenses.

  • December 02, 2022

    Insurer Says No Coverage For $8M Parking Garage Verdict

    A Nationwide unit asked an Indiana federal judge to find that it doesn't have to cover an $8 million jury verdict against a contractor tasked with inspecting and repairing an Indianapolis parking garage.

  • December 02, 2022

    Condo Group Seeks $11.5M In Hidden Damage Coverage

    A Seattle-area condo association has sued Philadelphia Indemnity Insurance Co. and 10 other unnamed insurers, accusing them of refusing to cover roughly $11.5 million in hidden water damage without a valid reason.

  • December 02, 2022

    9th Circ. Lets Insurers Join $3.2M Superfund Cleanup Dispute

    A group of insurers is permitted to intervene in a California agency's $3.2 million suit against a bankrupt policyholder over remediation costs at a Superfund site, the Ninth Circuit ruled, finding that the carriers had a legally protected interest in preventing the entry of default judgment against their insured.

  • December 02, 2022

    Trump 'Explicitly' Approved Tax Fraud, DA Says As Trial Ends

    Manhattan prosecutors on Friday directly accused former President Donald Trump of authorizing tax fraud by his executives in closing arguments of the criminal trial in New York state court against his Trump Organization companies.

  • December 02, 2022

    Farm, Insurer Settle Fire Claim After Coverage Ruling

    A family-owned farm settled a dispute with its insurer over coverage for a fire, the sides told an Oregon federal court, a day after a judge denied the farm's bid seeking an additional $800,000 for homemade machinery that was lost in the blaze.

  • December 02, 2022

    Tenn. Mall Owner's $2M Sewer Backup Suit Sent To Fed. Court

    Nationwide Insurance Co. of Florida on Friday removed to federal court a $2 million lawsuit filed by a Memphis, Tennessee, strip mall owner that said the unit offered it only $5,000 after promising coverage for a sewer backup.

  • December 01, 2022

    Geico Urges Judge To Abstain In COVID Rebate Class Action

    Geico urged a California federal court to abstain from revising rates in a class action accusing the insurer of woefully low COVID-19 rebates, arguing that deciding rates is a complex matter better left to insurance regulators.

  • December 01, 2022

    Virus Exclusion Ends Restaurants' COVID-19 Coverage Suit

    The owner of nine restaurants located in New Jersey, Pennsylvania and Florida lost its bid for COVID-19 coverage after a Pennsylvania federal judge said a virus exclusion clearly prevents coverage.

Expert Analysis

  • Lessons On Notice From 7th Circ. Claims-Made Policy Ruling

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    The Seventh Circuit's recent decision in Hanover Insurance v. R.W. Dunteman contains broad lessons for policyholders — as many claims-made policies include similar aggregation and claims notice provisions as the one at issue — on how to preserve coverage, say Brian Scarbrough and Maura Smyles at Jenner & Block.

  • Fla. Insurance Suit Trends To Look Out For After Hurricane Ian

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    There will likely be tens of thousands of property insurance lawsuits filed in the wake of Hurricane Ian, and carriers and insureds will need to view claims through Florida's Valued Policy Law, the concurrent cause doctrine and anti-concurrent cause provisions, say David Levin and Spencer Leach at Baker Donelson.

  • Property Policies Could Cover Organized Retail Crime Losses

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    Following a recent surge in organized retail crime, policyholders can look to case law that suggests they may be able to skirt property policy loss exclusions if they can produce evidence of theft, says Micah Skidmore at Haynes Boone.

  • Policyholders Are Not To Blame For Social Inflation

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    As part of the controversial assertion that insurers are facing an unprecedented increase in claims costs due to so-called social inflation, a recent Law360 guest article argued that policyholders contribute to social inflation and are therefore responsible for remedying it, but these accusations are unsupported by empirical data, says Benjamin Tievsky at Pillsbury.

  • How A Publication Request Helped Shape COVID Case Law

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    More than a decade after MRI Healthcare v. State Farm was decided in a California state appeals court, the case influenced the early development of COVID-19 business interruption insurance law and shows how counsel can use publication requests to help shape the industry, say Josephine Petrick and Ashley Nakai at Hanson Bridgett.

  • A Recovery Option For Lenders With Planes Stuck In Russia

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    For aircraft lessors considering insurance coverage litigation to recover for losses of equipment leased to Russian airlines, negotiating an assignment of rights may provide a faster pathway to recovery, say David Klein and Jose Lua-Valencia at Pillsbury.

  • Policyholders Should Also Want To Fight Social Inflation

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    Effectively combating the ills of social inflation — the upward creep in insurance litigation and expected payouts — requires all stakeholders, not just insurers, to recognize the mutual interests between insurers and the risk pool of insureds, says Bryant Green at Zelle.

  • Property Claim Ruling Rightly Backs Texas Removal Policy

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    The Fifth Circuit’s recent decision in Advanced Indicator v. Acadia Insurance, allowing the insurer to remove a property damage suit to federal court, ensures that abusive practices related to weather claims will continue to be thwarted per an important chapter of the Texas Insurance Code, says Karl Schulz at Cozen.

  • Trends And Opportunities In Canada's Insurance M&A Market

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    Laurie LaPalme and Derek Levinsky at Dentons discuss the results of a survey regarding Canada's insurance mergers and acquisitions market, and their expectations for the next year in this space — including an increased focus on accident and sickness insurance, and technology-focused assets.

  • 4 Themes From Policyholder Wins In COVID Coverage Cases

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    As COVID-19 business interruption coverage lawsuits wind their way through state and federal courts, the broader trends emerging from the policyholder victories can assist insureds and their counsel with strategic litigation decisions, says Nicholas Insua at Reed Smith.

  • Capturing Insurance Coverage For Climate Change Suits

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    As municipalities increasingly file suits seeking damages from oil companies in connection with climate change, the companies should consider filing actions to forestall insurer denials of commercial general liability coverage based on theories of novelty or inapplicable pollution exclusions, say attorneys at Haynes and Boone.

  • After Climate Rulings, Insurers May Go On Coverage Offense

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    As climate change lawsuits progress, coverage litigation quickly follows — as evidenced by two recently filed suits, Aloha Petroleum v. National Union Fire Insurance and Everest Premier Insurance v. Gulf Oil — and insurers will likely become more proactive in seeking to limit their exposure, say Jose Umbert and Hernan Cipriotti at Zelle.

  • Indirect Hurricane Ian Losses Could Be Covered By Insurance

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    Even companies indirectly affected by Hurricane Ian — for instance, by losses in their supply chain — should review their commercial property policies as they might benefit from specific insurance clauses covering these types of losses, says William Wagner at Taft.