Property
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January 05, 2023
Sanction Insurer's 'Vexatious' Appeal, CBD Co. Tells 4th Circ.
A CBD company is asking the Fourth Circuit to sanction its insurer over what it called a "frivolous" and "vexatious" appeal of a $6.45 million judgment in a coverage dispute, saying the appeal flies in the face of the circuit's previous opinions in the case.
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January 04, 2023
Landlord Drops Capital Gazette Shooting Coverage Suit
The Capital Gazette's landlord dropped its suit seeking defense coverage from a Chubb unit and a Travelers unit in underlying suits over the 2018 shooting at the paper's office.
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January 04, 2023
Calif. Playground's 2nd COVID-19 Coverage Bid Tossed
A California federal judge dismissed an indoor playground's suit seeking coverage for millions of dollars it says it lost because of COVID-19, finding that a virus exclusion in its policy doomed its case against its insurer.
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January 04, 2023
Insurers Can Force Arbitration For $7M Hurricane Ida Claim
A group of 11 insurers led by certain underwriters at Lloyd's of London can force a New Orleans property owner to arbitrate its $7 million Hurricane Ida damage claim, a Louisiana federal judge ruled.
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January 04, 2023
11th Circ. Revives Coverage Dispute Over Wrecked Yacht
The Eleventh Circuit revived a suit against Lloyd's of London underwriters over coverage for a yacht wrecked by a hurricane, saying in a published opinion Wednesday that a question remains about whether the owner's failure to hire a full-time licensed captain increased the risk to the vessel.
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January 04, 2023
Charter Fishing Co. Says Insurer Must Cover Boat Damage
A charter fishing company is entitled to coverage for damage its $265,000 boat sustained after crashing into an underwater object, the Mississippi company argued in a suit accusing Great American Insurance Co. of wrongfully denying coverage.
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January 04, 2023
Georgia Chicken Plant Drops Insurance Case Over Fatal Leak
The owners of a Georgia chicken processing plant where six workers died from a liquid nitrogen leak have dropped their $2 million nonpayment case against an insurer, after it was trimmed by a federal judge to a single contract breach claim.
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January 04, 2023
Texas CO Leak Claimants Ask 5th Circ. To Rethink Insurer Win
Students and staff at a Texas school asked the Fifth Circuit to reconsider its decision to affirm a summary judgment ruling against them, arguing that expert testimony isn't necessary to determine whether a CNA unit was negligent in its inspection of a boiler that ultimately exposed them to carbon monoxide.
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January 04, 2023
CBD Co. Says Insurer's 'Premature' Appeal Should Be Tossed
A cannabidiol company said the Fourth Circuit should dismiss an appeal filed by its insurer in an attempt to avoid paying a $6.45 million judgment, arguing that the appeal is premature because the district court has yet to issue a final decision regarding the amount of attorney fees owed.
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January 04, 2023
Calif. Winery Inks Deal With Insurer In Smoke Damage Dispute
A California winery's federal case against its insurer was dismissed Wednesday after the parties reached a settlement over wildfire smoke damage in 2017 that tainted wine the vineyard said was worth more than $7 million.
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January 03, 2023
10th Circ. Backs Denial Of Restaurant's Virus Coverage
The Tenth Circuit denied a now-defunct Colorado Italian restaurant's COVID-19 coverage appeal in a published opinion Tuesday, finding that it did not show any physical loss or damage that would trigger coverage under its Cincinnati Insurance Co. policy.
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January 03, 2023
Chubb Unit Beats Art Collectors' $1.4M Theft Coverage Suit
A New York federal judge found that a Chubb unit correctly denied coverage to a couple seeking $1.4 million in coverage of theft from their antiquities and art collection, finding that the couple did not establish that the loss happened during the 2019 policy period.
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January 03, 2023
Calif. Panel Sides With Restaurant After COVID-19 Settlement
A San Francisco restaurant's virus endorsement in its insurance policy must apply, because otherwise the provision would be virtually illusory, a California appeals court ruled in siding with the restaurant after a settlement in its bid for COVID-19-related business interruption coverage.
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January 03, 2023
9th Circ. Asks Calif. High Court To Rule On Virus Coverage
The Ninth Circuit asked the California Supreme Court to settle the Golden State's position on whether COVID-19 can trigger property insurance coverage, setting up a potential resolution to conflicting state appellate court rulings.
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January 02, 2023
The Biggest COVID-19 Business Interruption Rulings Of 2022
After consistently getting turned down by federal appellate courts in 2021, policyholders seeking COVID-19 business interruption coverage had a bit more success in 2022 in state appellate and supreme courts, notching victories at the Vermont Supreme Court and from appellate panels in Louisiana, Pennsylvania and California.
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January 02, 2023
Top Property Insurance Cases To Watch In 2023
A New Orleans restaurant's suit for coverage of its pandemic losses and a class action accusing State Farm of discriminating against Black homeowners are among the top suits property insurance practitioners will be watching in 2023.
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December 27, 2022
Software Not Covered In Ransomware Attack, Ohio Justices Say
The Ohio Supreme Court ruled Tuesday that a ransomware attack on a medical billing company did not cause direct physical damage to the company's computer software, reversing a lower court decision and concluding there is no coverage under the company's insurance policy.
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December 22, 2022
Panel Says Insurer Owes No Defense In Building Design Suit
A Kentucky appeals panel overturned a lower court's ruling that denied an insurer an escape from defending a legally embattled building designer accused of faulty design, saying the insurer's policy excludes their coverage because an accident did not coincide with the claim.
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December 22, 2022
Insurer Needn't Cover City's Pollution Deal, 9th Circ. Says
Arrowood Indemnity Co. has no duty to indemnify a California city seeking to recover $1.4 million from a settlement over soil and groundwater contamination, the Ninth Circuit said Thursday, citing a pollution exclusion in a former metal plating business's insurance policies.
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December 22, 2022
Biggest Texas Cases Of 2022
Texas courts made their mark in a series of high-profile cases in 2022, including issuing rulings that guided insurance coverage of pandemic-related losses, determining whether out-of-state natural gas projects were subject to Lone Star State payment rules, and handing a win to the governor on mask mandates.
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December 22, 2022
AIG Unit Argues Excess Policy Not Triggered By Irma Damage
An AIG unit asked a Florida federal judge to toss a Miami condominium's suit seeking more than $2 million related to damage from Hurricane Irma, arguing that the condo didn't suffer enough damage to trigger coverage under its excess insurance policy.
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December 22, 2022
Insurer Joins Lawsuits Over Utility Co.'s Pa. Gas Explosion
Safeco Insurance claims Peoples Natural Gas failed to promptly shut off a pipeline and evacuate part of the Pennsylvania borough of Tyrone after a water contractor drilled through an active gas main in 2021, leading to an explosion and fire that killed one resident, according to a lawsuit filed in state court.
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December 22, 2022
6th Circ. Tosses 5 Cases Over COVID-19 Insurance Claims
The Sixth Circuit has issued five separate but similar opinions that dismiss claims businesses brought against insurance companies for their losses associated with COVID-19, pointing to a recent Ohio Supreme Court decision ruling against coverage in a similar business interruption case.
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December 21, 2022
Wash. Panel Reverses Farmers' Win In Roof Damage Fight
A Washington state appellate court overturned a condominium complex's trial court loss, finding coverage could exist under its Farmers Insurance Exchange policy for water damage to its building despite an exclusion for faulty design and construction.
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December 21, 2022
Insurer Says No Coverage For Scrap Metal Plant Suit
Admiral Insurance Co. asked an Alabama federal judge to find that it doesn't owe coverage to the partial owner of a scrap metal reclamation plant accused of breaching its contract with the other owner, arguing that there was no bodily injury or property damage alleged in the underlying suit.
Expert Analysis
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How Construction Industry Can Adapt To COVID-19 Disruption
As COVID-19 decreases funding and increases costs for the construction industry, participants should review their contract clauses pertaining to risk allocation, as well as their insurance policies to assess the scope of their coverage, say James Barriere and Chad Caplan at Hinckley Allen.
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COVID-19 Spurs Associates To Think Bigger — Like Partners
What is the firm's data on profit per partner? How do the rainmakers seal deals without pre-COVID-19 pricey dinners? Is the firm financially stable? These are the kinds of partner-level questions associates are now asking before choosing a new firm, which points to a major shift in the lateral landscape, say Kate Reder Sheikh and Rebecca Glatzer at Major Lindsey & Africa.
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GCs Are Uniquely Qualified To Lead Diversity Initiatives
As guardians of their companies' codes of conduct and ethical standards, general counsel have the ability to endorse changes that will help their corporations create more diverse and equitable workplaces, says Deborah Marson at Iron Mountain.
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What We Learned From First Pandemic M&A Ruling In Del.
The Delaware Chancery Court's recent decision in AB Stable v. Maps Hotels effectively ending a $5.8 billion deal indicates the focus on ordinary course covenants as a basis for not consummating deals is likely to intensify, both in the context of the COVID-19 pandemic and of other extraordinary events, say attorneys at Fried Frank.
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The State Of Consumer Class Actions Amid COVID-19
While the pandemic has slowed the filing of consumer class actions, they remain a significant part of the litigation landscape — with false labeling claims remaining particularly popular, likely because they are easy to file and frequently survive motions to dismiss, say attorneys at Skadden.
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What 2020 Election Results Mean For The Insurance Industry
The incoming Biden administration could push a number of federal initiatives — such as a renewed focus on climate risk in financial regulation — with important repercussions for insurance industry stakeholders, say Paul Howard and Amber Hay at Arnold & Porter.
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Picking The Right Location And Tools For Virtual Courtrooms
Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.
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Insurance Considerations For Schools Harmed By COVID-19
Schools facing lawsuits associated with both shutting down and reopening amid the COVID-19 pandemic may be able to find relief through their consumer general liability and educators legal liability insurance policies, says Michael Rush at Gilbert.
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Beware Atty Ethics Rules When Reporting COVID-19 Fraud
Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.
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Best Practices For Legal Technology Adoption
The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.
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The Pandemic's Long-Term Impact On Law Firm Operations
Brian Burlant at Major Lindsey looks at how pandemic-era remote work has changed the way law firms operate — from shifts in secretarial functions to associate professional development — and explains why some alterations may be here to stay.
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Divergent Insurance Rulings Portend More Virus Litigation
A North Carolina state court and Mississippi federal court recently reached opposing conclusions in COVID-19 insurance coverage lawsuits despite analyzing similar business interruption policy language, likely encouraging further litigation over unsettled coverage questions, says Mark Binsky at Abrams Gorelick.
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Lack Of Access To Remote Court Proceedings Is Inexcusable
Blanket rules that bar recording or dissemination of remote public court proceedings impede presumptive common law and First Amendment right of access, greatly expand courts' powers over nonparties, and likely run afoul of U.S. Supreme Court precedent, says Matthew Schafer at ViacomCBS.