Property
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December 14, 2022
Academy Mortgage To Pay $38.5M In FCA Suit Over Bad Loans
Academy Mortgage will pay $38.5 million to resolve a False Claims Act case filed in California federal court by a former underwriter-turned-whistleblower who alleged the mortgage lender for years was pushing through ineligible Federal Housing Administration loans to obtain government insurance money, the U.S. Department of Justice announced Wednesday.
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December 14, 2022
Miami Condo Group Too Late With Irma Claim, Insurer Says
An insurer asked a federal court to dismiss a Miami-area condo association's suit alleging it suffered $18 million in storm damage from Hurricane Irma, arguing its claim was made too late.
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December 14, 2022
State Farm Hit With Class Action Alleging Race Discrimination
A homeowner launched a class action Wednesday in Illinois federal court against State Farm, accusing the insurance company of relying on algorithms and other data tools that discriminate against Black policyholders when they file claims.
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December 14, 2022
Biz Wants Reversal After La. High Court Takes Up Virus Row
A New Orleans restaurant owner asked a Louisiana federal judge to consider changing her decision to toss its COVID-19 business interruption case against Starr Surplus Lines Insurance Co., arguing that an upcoming decision from the state's high court could invalidate the precedent her ruling was based on.
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December 13, 2022
11th Circ. Rejects Geico's Class Cert. Appeal In Auto Tax Suit
The Eleventh Circuit rejected an appeal from three Geico insurance companies that are facing a class action from Georgia policyholders over alleged underpayments on totaled vehicles, declining to hear the insurers' claims that the district court has fumbled and "punted" key decisions on class certification.
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December 13, 2022
Coverage Fight Over Montana Canal Breach Headed To Trial
A Montana federal judge denied competing motions for summary judgment from Ohio Security Insurance Co. and a canal operator, ruling that the company's liability for a breach and subsequent flood will be determined at trial.
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December 13, 2022
Wash. Panel Upholds Allstate Win In Condo Coverage Suit
A Washington state appeals court affirmed Allstate Insurance Co.'s win in a coverage dispute over damages to a condominium complex building, agreeing with a trial court that the damages resulted from faulty construction and aren't covered under an owners association's all-risk commercial property policy.
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December 13, 2022
Trump Org. Held In Criminal Contempt In 2021
A New York state court held the Trump Organization in criminal contempt last year for withholding documents in the Manhattan district attorney's tax fraud investigation, according to an order unsealed Tuesday following the company's jury conviction.
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December 13, 2022
9th Circ. Ends Calif. Businesses' COVID-19 Coverage Appeal
The Ninth Circuit rejected an appeal from a group of California businesses seeking to revive their COVID-19 coverage suit against AmGuard Insurance Co., finding that a virus exclusion clearly prevents coverage.
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December 12, 2022
Insurer Challenges Transport Co.'s Theft Coverage Estimate
Markel Insurance Co. asked a Pennsylvania federal court to find that a transportation company can't get coverage for the current market value of stolen trailers, arguing that its policy clearly establishes that the actual cash value of a loss is determined when it occurred.
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December 12, 2022
Tulane, Insurer Get More Time For COVID Coverage Settlement
A Louisiana federal judge has given Tulane University and its insurer extra time to consummate an October settlement of a coverage dispute over $10 million the university spent to curb the spread of COVID-19.
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December 12, 2022
Colo. Justices To Mull Prejudice Rule In Hail Coverage Dispute
The Colorado Supreme Court agreed Monday to review whether the state's notice-prejudice rule should apply to a Liberty Mutual policyholder's suit for coverage of hail damage if the insurer is unable to show that it suffered any adverse effects from untimely notice.
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December 12, 2022
High Court Won't Hear Developer's Virus Coverage Suit
The U.S. Supreme Court on Monday declined to consider a case from the Cordish Cos. Inc. arguing that its insurance company should cover revenue losses the developer sustained during the COVID-19 pandemic.
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December 12, 2022
State Farm Can't Duck Wind Damage Coverage Suit
An Oklahoma federal court denied a State Farm unit's bid for a quick judgment that it need not cover some of a homeowner's losses from damage after a windstorm, saying the owner had shown the disputed damage was potentially covered.
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December 12, 2022
Ohio Justices Rebuff Coverage For Co.'s COVID-19 Losses
The Ohio Supreme Court ruled against coverage in a COVID-19 business interruption case Monday, siding with Cincinnati Insurance Co. in its dispute with an audiology practice owner seeking to recover lost pandemic income.
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December 09, 2022
Pa. Business Sues FEMA For Unpaid Flood Damage Coverage
A Philadelphia-area company sued the Federal Emergency Management Agency in Pennsylvania federal court Friday, claiming the agency refused to cover a flood insurance claim under its $500,000 policy.
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December 09, 2022
The Biggest Environmental Insurance Stories In 2022
Hurricane Ian's destruction in Florida was the biggest property insurance story in another year characterized by efforts to adapt to a changing climate, including flood insurance reform and shareholder actions against some of the largest insurers.
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December 09, 2022
Equipment Co. Seeks Coverage For Surgical Gown Recall
A manufacturer of medical safety equipment sued units of Chubb and U.K.-based Beazley in Texas federal court Friday, accusing the insurers of wrongly denying coverage for its voluntary recall of medical gowns after the manufacturer learned it purchased defective fabric.
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December 09, 2022
Atty, Fla. Bar Agree To Interim Probation In Hurricane Ian Case
The Florida attorney who saw her law license suspended for running an office out of a deceptively designed trailer made to look like that of federal emergency responders or insurance agents in the wake of Hurricane Ian could potentially resume her practice on interim probation.
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December 09, 2022
Insurers Can't Arbitrate Charter School's Hurricane Damage
A Louisiana federal judge rejected a group of 10 insurers' bid to force a New Orleans-area charter school's Hurricane Ida claims into arbitration, finding the case was already bound to a settlement process through the court.
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December 09, 2022
The Odd Phrase That Could Flip The Trump Org. Verdict
After a Manhattan jury convicted the Trump Organization of criminal tax fraud, defense lawyers told Law360 that their appeal would focus on the meaning of a peculiar legal phrase they believe the judge confused, misleading the jury on the key issue of what it takes to convict a company in the Empire State.
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December 09, 2022
Recording Studio Asks Judge To Rethink Arbitration Order
A recording studio urged a Virgin Islands federal court to reconsider its order sending the studio's coverage action against certain underwriters at Lloyd's of London to arbitration, saying it cannot afford the arbitration costs due to the insurer's delays in adjusting its Hurricane Maria property damage claims.
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December 09, 2022
NY Panel Says Insurer Can't Prove Intent In High School Fight
An insurer can't rely on an intentional acts exclusion in a coverage dispute over injuries a high school security monitor said she suffered while breaking up a fight between students, a New York state appeals court said, noting the staffer never alleged that the student meant to hit her.
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December 08, 2022
Chicken Plant Can't Escape Insurers' Fraud Claims In Fire Suit
Insurers' counterclaims for unjust enrichment and fraud against a poultry plant that burned down in North Carolina will be allowed to stand, a state business court judge said, denying the plant's motion to dismiss them.
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December 08, 2022
Insurer Wants Out Of Injury Suit Due To Omitted Airbnb Listing
Mt. Hawley Insurance Co. told a South Carolina federal court Thursday that it owes no coverage to a property owner and management company for an injury lawsuit from a man who fell 15 feet at one of their properties, arguing that the companies were renting the home through Airbnb and Vrbo without the insurer's knowledge.
Expert Analysis
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Aviation Insurers Must Prep For Vaccine Shipment Risks
As aviation and logistics companies plan for safe and efficient distribution of a COVID-19 vaccine, insurers must prepare for the unique risks that may come with this massive operation, say James Jordan and Paul Woodley at Holman Fenwick.
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Insurers Should Not Manipulate Judiciary To Avoid Regulation
A recent Law360 guest article claims litigators are utilizing COVID-19 lawsuits to impose de facto regulation over the insurance industry, but the real problem is insurers manipulating the judicial system to circumvent regulatory procedures, say attorneys at Reed Smith.
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Virus Insurance Shouldn't Be Regulated Through Litigation
Courts should reject trial attorneys' attempts to regulate the insurance industry with a coordinated wave of business interruption lawsuits related to COVID-19, which threaten the American economy and democratic process, says Sherman Joyce at the American Tort Reform Association.
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Weighing Litigation Vs. Arbitration Amid Court Disruptions
Parties must determine whether arbitration is better than litigation for their disputes amid pandemic-induced court delays by answering five key questions and understanding the importance of a clearly tailored arbitration clause, say attorneys at Goodwin.
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How Attys Can Guard Against Rising Settle-And-Sue Claims
Certain precautions can help lawyers avoid post-settlement malpractice claims and create a solid evidentiary defense, as settle-and-sue lawsuits rise amid pandemic-induced dispute settlements, say Bethany Kristovich and Jeremy Beecher at Munger Tolles.
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Law Firm Tips For Attracting, Retaining Attys During Pandemic
Steps law firms can take to attract and keep the best lawyers amid the pandemic include diversifying expertise to meet anticipated legal demands, prioritizing firm culture, and preparing for prospective partners' pointed questions, says Brian Burlant at Major Lindsey.
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Lawyering While Parenting: A Day In A Dad's Pandemic Life
Christopher Jennison shares a view of his life working from home as a Federal Aviation Administration attorney preparing to first-chair a trial while splitting child care responsibilities with his lawyer wife.
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Lawyering While Parenting: A Day In A Mom's Pandemic Life
Josephine Bahn shares a view of her life working from home as an attorney at the Federal Deposit Insurance Corporation while splitting child care responsibilities with her lawyer husband.
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Mitigating Pandemic-Prompted Construction Defect Risk
The residential construction surge resulting from the pandemic may lead to an increase in construction defect claims, but developers can make use of certain contract clauses, risk-transfer mechanisms and state statutes of limitations to minimize liability, say James Prichard and Megan Picataggio at Ball Janik.
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Mentorship Is Key To Fixing Drop-Off Of Women In Law
It falls to senior male attorneys to recognize the crisis female attorneys face as the pandemic amplifies an already unequal system and to offer their knowledge, experience and counsel to build a better future for women in law, says James Meadows at Culhane Meadows.
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5 Ways Firms Can Avoid Female Atty Exodus During Pandemic
The pandemic's disproportionate impact on women presents law firms with a unique opportunity to devise innovative policies that will address the increasing home life demands female lawyers face and help retain them long after COVID-19 is over, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.
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Insurer-Friendly COVID-19 Case Law Is No Silver Bullet
Three recent decisions confirm that individual or consolidated lawsuits regarding insurance coverage for business interruption caused by the pandemic will turn on their own unique circumstances, meaning that insurer-friendly decisions will not preclude coverage broadly, say Jason Rubinstein and Mark Packman at Gilbert.
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Lawyers Must Fight Voter Suppression This Election Season
Lawyers should use their unique skill sets, knowledge and spheres of influence to fight burdensome ID requirements and other voter suppression tactics that may influence the 2020 elections, and to participate in potential post-election litigation, say CK Hoffler and Allyce Bailey at the National Bar Association.