Property

  • October 11, 2022

    4th Circ. Upholds Insurer's Win In Policy Extension Dispute

    A Maryland Comfort Inn hotel operator can't get coverage from Cincinnati Insurance Co. for a collapsed underground storm drain pipe, the Fourth Circuit ruled Tuesday, finding that the loss falls under multiple policy exclusions.

  • October 11, 2022

    Wisconsin Tribe Drops 9th Circ. COVID-19 Coverage Appeal

    The Menominee Indian Tribe of Wisconsin and related entities have notified the Ninth Circuit that they will no longer pursue their appeal seeking insurance coverage for pandemic-related business losses, following a recent Wisconsin Supreme Court decision tossing a similar suit.

  • October 11, 2022

    NY Judge Says Hotels' COVID-19 Losses Aren't Covered

    A New York state court judge in Manhattan has dismissed seven consolidated suits by New York City hotel owners seeking coverage for COVID-19 pandemic losses, citing an opinion in a prior appellate case as precedent.

  • October 11, 2022

    11th Circ. Affirms Toss Of Eatery's COVID-19 Insurance Case

    The Eleventh Circuit affirmed the dismissal of a Miami Beach restaurant's COVID-19 business interruption suit against Lloyd's underwriters Tuesday, finding the eatery's owner failed to show physical damage to its property that is required to trigger coverage.

  • October 11, 2022

    Insurer Can't Upend Developer's Construction Coverage Win

    Underwriters at Lloyd's of London must defend a developer in an underlying construction defect suit, a Texas federal court ruled, rejecting the insurer's bid for review and finding there is no gap between the pleadings and policy that would require the consideration of extrinsic evidence.

  • October 07, 2022

    Novant Health Drops Virus Coverage Suit Against Zurich Unit

    Novant Health agreed on Friday to drop its COVID-19 coverage suit against a Zurich Insurance subsidiary, according to a joint stipulation to dismiss the lawsuit seeking coverage under a $1.5 billion policy.

  • October 07, 2022

    Microsoft Co-Founder's Co. Drops COVID-19 Coverage Suit

    A group of companies including the Seattle Seahawks and Vulcan Inc., a development organization founded by Microsoft co-founder Paul Allen, have dropped their bid for COVID-19 loss coverage in Washington federal court following a closely watched Washington Supreme Court decision in favor of insurers. 

  • October 07, 2022

    Regal Cinemas Asks 9th Circ. To Revive COVID Coverage Suit

    Regal Cinemas has asked the Ninth Circuit Court of Appeals to reverse a lower court's decision denying it insurance coverage for COVID-19 pandemic-related losses, claiming that a California federal court misinterpreted the law when dismissing its case and defining physical loss as purely tangible.

  • October 07, 2022

    Mars Inc.'s COVID-19 Coverage Suit Against FM Tossed

    A Virginia federal judge granted Factory Mutual Insurance Co.'s motion to dismiss Mars Inc.'s COVID-19 coverage suit, but allowed the candy maker to amend a portion of its suit that could limit coverage to $1 million.

  • October 07, 2022

    Insurer Seeks To Trim Fraud Claim From Fire Damage Suit

    An insurer asked a Texas federal judge on Friday to toss a hotelier's fraud claim in a dispute over coverage for fire damage at a Dallas hotel, saying the property owner's claim does not meet the required heightened pleading standard.

  • October 06, 2022

    11th Circ. Affirms Coverage For Shoddy Construction Suit

    The Eleventh Circuit upheld a lower court's ruling Thursday, finding unanimously that an insurer must defend a subcontractor in a suit over poor construction quality at a Maryland casino but does not have to defend a contractor who was not the primary insured.

  • October 06, 2022

    Ace Drops Insurer From McDonald's Fire Coverage Suit

    Ace American Insurance Co. moved Thursday to dismiss a Zurich unit from its effort to avoid covering fire damage to an Illinois McDonald's, saying it wasn't seeking any relief from the insurer.

  • October 06, 2022

    Insurer Says Chainsaw Co. Liable For House Fire Damage

    Cambridge Mutual Fire Insurance Co. sued chainsaw maker Stihl on behalf of one of its policyholders, accusing the company of selling a defective chainsaw and charger that caused a fire at a New Jersey home.

  • October 06, 2022

    New Orleans Saints Sue Insurers For Ida Coverage

    The NFL's New Orleans Saints are suing the team's insurers over Hurricane Ida damage to the Caesars Superdome, arguing they "arbitrarily" refused to cover business interruption losses after the team was forced to relocate its 2021 home opener.

  • October 06, 2022

    $4.5M Mississippi Fire Coverage Suit Settled On Trial Day

    A $4.5 million suit brought by a homeowner in Mississippi federal court that alleged her insurer wantonly exited an appraisal process and withheld fire coverage was dismissed after the parties reached a settlement the day of the jury trial.

  • October 06, 2022

    Too Soon For Ruling In Toxic Fumes Coverage Suit, Court Told

    An insurer must continue defending a business center owner accused of failing to stop a gun manufacturer tenant from emitting noxious fumes, a group of underlying claimants told a Florida federal judge, saying it is too soon to decide whether a pollution exclusion bars coverage.

  • October 06, 2022

    Munich Re Sets Exit From Oil And Gas Projects

    Reinsurance giant Munich Re on Thursday said it would stop insuring and investing in new oil and gas fields, oil-fired power plants and new midstream infrastructure related to oil from April 2023, joining other insurers already committed to withdrawing cover and investment.

  • October 05, 2022

    NJ Hotels Drop COVID-19 Coverage Suit Against FM Unit

    Four New Jersey hotels dropped their COVID-19 coverage bids against Affiliated FM Insurance Co., agreeing to pay their own attorney fees in a New Jersey federal court case that was dismissed with prejudice Tuesday.

  • October 05, 2022

    Insurer Says No Coverage For SC Strip Club Posing As Bank

    A United Kingdom-based insurer asked a South Carolina federal court to determine it does not have to cover damage from a March fire at a strip club, accusing the venue of fabricating documents and misrepresenting itself as a bank.

  • October 05, 2022

    Jeweler Asks 5th Circ. To Revive Virus Coverage Suit

    A New Orleans jeweler asked the Fifth Circuit to consider reviving its COVID-19 pandemic business interruption suit against Axis Surplus Insurance Co., arguing that the court was wrong to ignore a landmark Louisiana appellate court decision in favor of its own precedent.

  • October 05, 2022

    Panel Affirms No-Coverage Ruling In Apt. Shooting Dispute

    Great American Alliance Insurance Co. has no coverage duties to two companies facing a personal injury suit over a shooting at an apartment complex, a Georgia appeals court affirmed, finding that the insurer's reservation of rights letters contained enough specificity on what provisions in GAAIC's policy barred coverage.

  • October 05, 2022

    Minn. Justices Agree Interest Can Exceed Policy Limits

    The Minnesota Supreme Court held Wednesday that a man who was wrongly denied insurance coverage for fire damage to his home may recover prejudgment interest in an amount that exceeds his policy's limit, although the justices disagreed on when that interest should begin to accrue.

  • October 05, 2022

    Insurers Say No Coverage For Contractor's $7M Water Claim

    Allied World Specialty Insurance Co. and a Chubb unit asked a Washington federal judge to put an end to a contractor's lawsuit seeking coverage of its $7 million water damage claim.

  • October 05, 2022

    U. of Wash. Tests Legal Opening With COVID-19 Coverage Suit

    The University of Washington has accused its insurance company of refusing to provide COVID-19 coverage, arguing that the presence of the coronavirus caused direct physical damage to university hospitals and Husky Stadium resulting in hundreds of millions of dollars of losses and expenses.

  • October 05, 2022

    Amy's Kitchen Gets Chance To Amend Virus Coverage Suit

    A California state appellate court gave Amy's Kitchen a second chance in its COVID-19 coverage case against Fireman's Fund Insurance Co., finding it wasn't fair for a lower court to deny the organic food manufacturer a shot at amending its complaint.

Expert Analysis

  • Firms Should Use Surveys To Make Smart Legal Tech Choices

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    The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.

  • Don't Forget Due Diligence In Race For Lateral Associate Hires

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    Amid high demand for associates and aggressive competition to attract talent, law firms should take three key steps to conduct meaningful prehire due diligence and safeguard against lateral hiring mistakes that can hurt their revenue and reputation, says Michael Ellenhorn at Decipher.

  • Insurance Could Be A Solution To Microchip Shortage Losses

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    To the extent that companies experiencing lost income from the global microchip shortage have contingent business interruption or dependent property coverage and can trace their impaired revenues to physical loss or damage to a supplier, there may be some potential for insurance recovery, says Micah Skidmore at Haynes and Boone.

  • 5 Steps For Law Firms Rethinking Flexible Work Post-COVID

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    A flexible work environment will be key to recruiting and retention efforts post-pandemic, so law firms must develop comprehensive policies that solidify expectations and boundaries on accommodations such as flextime, remote work and reduced hours, says Manar Morales at the Diversity & Flexibility Alliance.

  • NY Bad Faith Bill Would Tip The Scales Against Insurers

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    A recently introduced New York bill proposes a statutory cause of action for insurance company bad faith when legal remedies already exist, which may dangerously upset the balance between insurers and policyholders, say attorneys at Hurwitz & Fine.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • The Pandemic's Bright Spots For Lawyers Who Are Parents

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    The COVID-19 crisis has allowed lawyers to hone remote advocacy strategies and effectively represent clients with minimal travel — abilities that have benefited working parents and should be utilized long after the pandemic is over, says Chelsea Loughran at Wolf Greenfield.

  • Why The Future Law Firm Model Is Industry-Based Offerings

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    Multidisciplinary, industry-based groups at law firms allow for more holistic legal advice, lead to sustainable client relationships, and are likely to replace practice group monoliths at many firms, say Jennifer Simpson Carr at Furia Rubel, Timothy Corcoran at Corcoran Consulting and Mike Mellor at Pryor Cashman.

  • Outliers Offer False Hope For Virus Biz Interruption Claims

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    A few recent policyholder wins have caused some to overstate the potential for recovery in commercial property claims over COVID-19 prevention efforts, but in reality business interruption decisions are consistently and overwhelmingly favoring insurers, say Erin Bradham and Keith Moskowitz at Dentons.

  • Thought Leadership's Critical Role In Law Firm Diversity

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    Minority attorneys are often underrepresented in conferences, media interviews and other law firm thought leadership campaigns, which affects their visibility with potential clients and their ability to advance at their firms, says John Hellerman at Hellerman Communications.

  • 3 Reasons Securities Fraud Litigation Exposure Fell In Q1

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    Nessim Mezrahi and Stephen Sigrist at SAR analyze data on securities class actions filed against public companies in the first quarter of 2021, and explore factors that may have contributed to issuers facing their lowest exposure to such claims in years.

  • Remote Law Firm Culture Should Prioritize Associate Training

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    Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

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