Property

  • November 14, 2022

    Defects Without Property Damage Not Covered, Judge Finds

    A Hawaii federal judge agreed with Travelers units that they don't owe coverage for claims of defective work that didn't cause property damage at a development, but declined to put a dollar amount on that portion of the allegedly defective work.

  • November 14, 2022

    Fla. Panel Says Notice Letter Bars Couple's Insurance Suit

    A Florida state appeals court on Monday upheld a State Farm unit's win in a lawsuit over the insurer's handling of a couple's claim for sinkhole coverage, agreeing with a lower court that the couple's prelitigation notice letter was too general to comply with state requirements.

  • November 14, 2022

    Settlement Reached In Ice Rink's $10M Insurance Claim

    The operator of a Michigan ice arena settled its lawsuit against Affiliated FM Insurance Co. seeking coverage of its $10.6 million claim for damage and other costs arising from five underground pipe breaks in 2016.

  • November 14, 2022

    La. Shopping Center's Hail Damage Suit Ruled Untimely

    A Louisiana federal judge tossed a case against Great American Insurance Co. of New York, finding that a dispute over the insurer's denial of coverage for hailstorm damage to a shopping center's roof was brought too late.

  • November 14, 2022

    New 7th Circ. Rulings Put End To Salon's Virus Coverage Suit

    West Bend Mutual Insurance Co. prevailed over a southern Illinois salon's bid for COVID-19-related coverage after a federal court reconsidered the insurer's motion to dismiss in light of two Seventh Circuit decisions.

  • November 14, 2022

    Va. Medical Centers' Bid For Early Win In Virus Suit Denied

    A Virginia federal judge sided with American Guarantee and Liability Insurance Co. in a COVID-19 business interruption case brought by two medical center operators, finding in an order entered Monday that they couldn't get coverage for lost income from government orders that postponed elective procedures.

  • November 14, 2022

    Insurer Asks 1st Circ. To Affirm Defect Suit Coverage Win

    An insurer asked the First Circuit to uphold a ruling that relieved it from defending a contractor in a suit over the mismanagement of a construction project, arguing the costs associated with correcting the contractor's faulty work are not covered by its policies or supported by Massachusetts law.

  • November 10, 2022

    Trump Org Payments Risked GC's Law License, Witness Says

    Trump Organization controller Jeffrey McConney testified to a Manhattan jury Thursday that an accountant warned the company that the way it paid bonuses to executives could result in the chief legal officer losing his law license, prompting the lawyer to immediately change how he was paid.

  • November 10, 2022

    Insurer Wants Out Of Gas Driller's Row With Green Grower

    An insurer told a West Virginia federal judge it had no duty to defend a solar- and wind-powered greenhouse business against claims its structures prevented a company with leased oil and gas rights from drilling new wells.

  • November 10, 2022

    Updating FEMA Flood Maps Critical But Costly, Experts Say

    Updating official flood maps to accurately reflect risk has taken on added attention following Hurricane Ian, but insurance experts say the expense of such an undertaking could be massive, and it may leave some homeowners vulnerable to new premiums.

  • November 10, 2022

    Minnesota Bar Owner Can't Collect On Ex-Husband's Arson

    A woman whose ex-husband burned down their bar lacks standing to seek insurance proceeds since she is not the named insured, according to a Minnesota federal judge.

  • November 10, 2022

    Insurers Sue NJ Hotels Over COVID-19 Coverage

    A Swiss Re unit and several Lloyd's of London syndicates told a New Jersey state court they do not owe COVID-19 business interruption coverage to the owner of several Cape May hotels, arguing the company's claims fall under policy exclusions for viruses and "indirect or consequential" losses.

  • November 10, 2022

    Sports Celebrations Can Raise Slew Of Coverage Claims

    The Houston Astros' World Series win over the Philadelphia Phillies didn't lead to rioting in either city, but sports fans' rowdy reactions to championship results have resulted in property damage ⁠— and insurance claims ⁠— in the past.

  • November 10, 2022

    Zurich Braced For $550M Battering From Hurricane Ian

    Zurich Insurance Group said Thursday that it would probably take a $550 million hit from Hurricane Ian as insurers begin to count the cost of one of the most devastating natural catastrophes to hit the U.S. in recent years.

  • November 09, 2022

    Natural History Museum Fights To Pause COVID Coverage Suit

    The American Museum of Natural History and Affiliated FM Insurance Co. expressed conflicting interests to a New York federal court, with the museum seeking to extend the stay on its case for COVID-19 loss coverage, and its insurer seeking to end it.

  • November 09, 2022

    $40M Hurricane Insurance Dispute To Stay In Puerto Rico Only

    A Massachusetts-based commercial real estate and loan servicing company's bid for $39.6 million in Hurricane Maria coverage will stay exclusively in Puerto Rico, after a federal judge dismissed an identical action in the Bay State on Wednesday.

  • November 09, 2022

    State Farm Drops $1.2M Suit Against Tesla Over Garage Fire

    Two State Farm units agreed Wednesday to drop their more than $1.2 million lawsuit against Tesla Inc. in Indiana federal court, which levied accusations that the automaker was responsible for a defective car that caught fire while charging in a family's garage.

  • November 09, 2022

    Michigan Utility Co. Seeks $1.7M After Virus Derails Project

    A Michigan public utility company is asking for a federal court's assistance in recovering over $1.7 million from insurers including Allianz and Liberty Mutual to cover damages that the company says it incurred after halting construction of a natural gas power plant due to the COVID-19 pandemic.

  • November 09, 2022

    8th Circ. Affirms Agent's Win In Suit Over Flood Damage

    The Eighth Circuit upheld an insurance agency's win Wednesday in a fight over coverage for flood damage to $1.2 million worth of products kept at a warehouse, finding no extra duty existed to inform two hotel operators about the need for a builder's risk policy when storing fixtures during renovations.

  • November 09, 2022

    4th Circ. Won't Review Hotel Co.'s Pipe Collapse Appeal

    The Fourth Circuit declined to rehear a Maryland Comfort Inn operator's underground pipe collapse appeal in front of the full court, further rebuking the company's bid for coverage from Cincinnati Insurance Co.

  • November 09, 2022

    California Insurance Chief Lara Notches Midterm Victory

    Democratic Insurance Commissioner Ricardo Lara will stay in office after beating his rival, Republican Robert Howell, the president of a Silicon Valley-based cybersecurity equipment manufacturer, by a margin of 57.9% to 42.1% with 100% of precincts partially reporting as of early Wednesday.

  • November 08, 2022

    Republicans Hold On To Top Insurance Commissioner Spots

    Three states on Tuesday held elections for their top insurance regulator, including California, which is home to the biggest marketplace in the United States and a leader on some of the most significant climate initiatives to come out of the insurance industry. Here, Law360 gives a rundown of the results of the races and an overview of the contests.

  • November 08, 2022

    Insurer Seeks Pretrial Win In La. Law Firms' COVID-19 Suit

    Starr Indemnity & Liability Co. asked a Louisiana federal court to hand it a pretrial win in a pandemic coverage suit brought by two New Orleans-based law firms, arguing that the suit is not comparable to a state appellate court's ruling that favored a policyholder.

  • November 08, 2022

    Charter School Fights Arbitration In Hurricane Damage Fight

    A charter school has urged a Louisiana federal court to deny a bid by Lloyd's underwriters and nine other insurers to send a dispute over hurricane damage to arbitration, saying the domestic insurers can't be forced to arbitrate the dispute.

  • November 08, 2022

    Church Fights Sanctions, Says Attys Gave Proper Disclosures

    A Florida Baptist church asked a federal court Tuesday to deny its insurer's bid for sanctions, calling the move a "bad faith attempt" to skirt settlement obligations owed to the church over property damage from Hurricane Sally in 2020.

Expert Analysis

  • Biz Interruption Insurance Considerations After Texas Storms

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    Businesses that have suffered losses from the snow and utility interruptions in Texas should consider the broad range of commercial property insurance policy triggers that may apply, says Micah Skidmore at Haynes and Boone.

  • An In-House Counsel's Guide To Better Work Management

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    Amid economic uncertainty and increasing pressure on corporate legal departments to do more with less, work management processes should be aimed at tracking legal teams' every contribution, including routine matters that can be reallocated to nonlegal staff, says Aaron Pierce at LexisNexis CounselLink.

  • Building A Law Firm Knowledge Bank For Thought Leadership

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    Marketing professionals often do not have firsthand knowledge of current legal trends and client issues, so law firms need to commit to an ongoing knowledge extraction process — a series of steps to draw out attorney insights that can help marketers create effective and frequent thought leadership content, says Michelle Calcote King at Reputation Ink.

  • Let's Emerge From The Pandemic As Legal Innovators

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    The pandemic forced a digital reckoning on the legal profession — which switched to remote workforces, paperless workflows and digital signatures seemingly overnight — and law firms and corporate legal departments can keep up the innovation momentum with three guiding principles, says Kevin Clem at HBR Consulting.

  • This Black History Month, Law Firms Should Challenge Norms

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    With so little progress made in the diversification of the legal industry, Black History Month is a good time for law firms to adjust their organizational cultures, ensuring that diversity and inclusion goals are transparent and measured in the same way billable hour and other core targets are — through written, enforceable policies, says Paulette Brown at Locke Lord.

  • Law Firm Penalties On Departing Partners Just Got Riskier

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    A D.C. appeals court's recent decision in Jacobson Holman v. Gentner sharply limiting the ability of law firms to financially penalize departing partners continues a clear trend among court rulings and bar ethics opinions, and should encourage firms to review their partnership agreements for any ethical land mines, says Alan Kabat at Bernabei & Kabat.

  • Tips For Protecting Privilege When Working With Outside PR

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    As lawsuits stemming from companies' COVID-19 responses grow and businesses hire public relations firms to manage the fallout, companies and their counsel should consider strategies to best protect themselves in court — and in the court of public opinion — without stepping on a privilege land mine, say Daniella Main and Mia Falzarano at Alston & Bird.

  • An OFAC Compliance Checklist For Ransomware Payments

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    As the U.S. government heightens its scrutiny of ransomware payments, victims that pay extortion demands can follow 12 steps to help establish the requisite mitigation and due diligence to avoid penalties from the U.S. Department of the Treasury's Office of Foreign Assets Control, says cybersecurity consultant John Reed Stark.

  • Remote Bar Exams Pose New Learning Disability Challenges

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    New bar exam formats necessitated by the COVID-19 crisis — going from paper to computer, in-person to remote, human to artificial intelligence proctoring — may exacerbate shortcomings in disability assessments for learning-disabled test takers seeking accommodations, says Rebecca Mannis at Ivy Prep.

  • Don't Let Lies Infiltrate The Mediation Process

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    The pandemic-era rise in mediation brings about the increased risk that participants will engage in dishonest behavior with the expectation that settlement negotiations will be kept confidential, but lawyers should beware that state confidentiality protections differ, and that courts have applied ethical rules in the mediation context, say Jennifer Gibbs and Amanda Rodriguez at Zelle.

  • Judges On Race: Lack Of Data Deters Criminal Justice Reform

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    Many state courts' failure to gather basic data on sentencing and other important criminal justice metrics frustrates efforts to keep checks on judges’ implicit biases and reduce racial disparities, say Justice Michael Donnelly at the Ohio Supreme Court and Judge Pierre Bergeron at the Ohio First District Court of Appeals.

  • Law Firms Should Note GCs' Growing Focus On Biz Strategies

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    Amid the challenges of the pandemic, a shifting digital landscape, and increasing calls for diversity and inclusion, general counsel responsibilities are expanding into six new areas, highlighting the need for both in-house and outside counsel to serve as strategic and empathetic business leaders, say Wendy King at FTI Consulting and David Horrigan at Relativity.

  • Economic Loss Is Key To Pandemic Insurance Suits

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    Decades of case law distinguishing between economic loss and property damage may support commercial property insurance policyholders in litigation with insurers who argue that COVID-19-related losses do not constitute physical damage, says Micah Skidmore at Haynes and Boone.

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