Property
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March 01, 2023
Ex-Name Partner Tells Texas Court She Needs Client Records
An ex-name partner from a property tax and insurance boutique firm asked a Texas appellate court on Tuesday to uphold a trial judge's ruling that restored her access to certain client files and materials after she left to work for a larger firm.
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March 01, 2023
7th Circ. Says Costume Co. Not Covered For $7M Fire Damage
The Seventh Circuit backed Frankenmuth Mutual Insurance Co. in its dispute with an Indiana costume retailer over damage stemming from a warehouse fire, finding that a notice exclusion barred coverage for more $7 million in losses.
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March 01, 2023
Goldberg Segalla Adds Ex-Groelle & Salmon Insurance Atty
Goldberg Segalla LLP added an insurance attorney specializing in insurance coverage litigation to the firm's Orlando office.
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February 28, 2023
Real Estate Co. Says Pollution Policy Covers COVID Losses
A commercial real estate company urged the Ninth Circuit this week to reverse a lower court's decision and to find that a Liberty Mutual unit owes it coverage for losses caused by COVID-19, arguing the virus counts as a covered pollution condition under a pollution liability policy.
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February 28, 2023
Condo Settles With Insurer Over Harvey Damage Coverage
A Texas federal judge agreed Tuesday to dismiss a condominium's lawsuit against Landmark American Insurance Co. over coverage of its $23.5 million claim for damage from Hurricane Harvey after the parties announced they reached a settlement.
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February 28, 2023
Meritage Accuses AIG Of Improperly Grouping Stucco Claims
Meritage Homes asked a Texas federal judge to find that AIG should cover much of $9.3 million the homebuilder paid to settle hundreds of stucco construction defect claims, arguing the insurer is improperly grouping claims to keep Meritage under the self-insured retention limit in all but one policy year.
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February 28, 2023
Mich. Justices Face Daunting Task On No-Fault Amendments
Upcoming arguments before the Michigan Supreme Court on the retroactivity of amendments to the state's no-fault insurance law has some experts anxious about whether the court will release the "lightning in a bottle" needed for their enactment and maintain payouts for those injured in car crashes.
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February 27, 2023
No Jury Trial For Geico Class Action, Calif. Judge Says
A jury trial won't be held for the sole remaining Unfair Competition Law claim by a class of Geico's California policyholders, a federal judge ruled Monday, agreeing with the insurer that the Seventh Amendment does not extend that right to a claim of this nature.
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February 27, 2023
SC Judge Pauses Virus Suit Following Top Court Ruling
A South Carolina federal judge paused remaining pretrial deadlines in a restaurant chain owner's COVID-19 pandemic coverage suit against Fireman's Fund Insurance Co. and parent company Allianz, clearing the way for the insurers' latest attempt at dismissing the case.
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February 27, 2023
Landlord Says Insurer Owes $5M For Lost Rental Income
The property owner of a Nebraska senior living facility wants Affiliated FM Insurance Co. to cover more than $5 million in lost rental income after a fire broke out a day before it was added to the facility's policy.
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February 27, 2023
Mass. Hospital Can't Get Pandemic Coverage, Court Says
A Boston federal judge threw out a lawsuit filed by Lawrence General Hospital claiming its commercial property insurer had to pay for costs and lost revenue caused by the COVID-19 pandemic.
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February 27, 2023
Mass. Panel Revives Leather Goods Co.'s Fire Loss Suit
A wholesaler of leather goods can continue to litigate its suit against an insurance agency over the handling of its fire claim even though the wholesaler was already blocked from asserting its claims against the agency in a separate, prior action, a Massachusetts state appeals court ruled Monday.
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February 27, 2023
Strip Mall, Insurer Settle Vandalism Coverage Suit
A New York strip mall owner has agreed to drop its $360,000 vandalism suit against DB Insurance Co. Ltd. after reaching a settlement with the insurer.
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February 24, 2023
Interest On $1B Surfside Deal Will Go To Collapse Victims
Extra money from interest earned on the blockbuster $1 billion settlement after the deadly collapse of the Champlain Towers South condo in Florida will go directly to victims and not a memorial fund, a state judge ruled Friday.
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February 24, 2023
Fla. Condo Owner's $13.8M Irma Insurance Suit Came Too Late
A Florida federal judge dismissed a suit brought by the owner of a high-rise condominium for not filing its complaint over non-coverage of Hurricane Irma damage before the statute of limitations, saying there was no evidence the insurers duped it into filing its suit too late.
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February 24, 2023
Calif. Panel Upholds Insurer's Hotel Virus Coverage Win
A California appellate panel affirmed an insurer's victory in a COVID-19 coverage suit from a hotel, finding that the presence of the virus at the hotel did not cause its loss of income.
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February 24, 2023
Ga. Resort Loses Coverage Bid For $1M In COVID-19 Losses
A Virginia federal judge permanently tossed a Georgia resort's bid for $1 million in coverage from Ace American Insurance Co. for its COVID-19 pandemic-related losses, finding an exclusion that singled out the virus barred coverage.
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February 24, 2023
Urban Outfitters' Virus Coverage Suit Doomed, Zurich Argues
Zurich American Insurance Co. asked a Pennsylvania federal judge to toss a COVID-19 coverage suit by Urban Outfitters, arguing that the Third Circuit's recent decision against a policyholder compels dismissal of the clothing retailer's suit.
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February 24, 2023
4th Circ. Won't Renew NC Eateries' Virus Coverage Suit
The Fourth Circuit refused to revive a proposed COVID-19 business interruption class action lawsuit against The Cincinnati Insurance Co., ending a bid for coverage from a group of North Carolina restaurants.
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February 23, 2023
Judge Rejects Golden Corral's Recusal Bid, Implies Discipline
Flipping a recusal request back against the attorneys who filed it, a federal judge in Louisiana refused to step aside from an insurance dispute filed by a Golden Corral restaurant operator and said the company's attorneys might need to be disciplined for transcribing and citing an "off-the-record" telephone conference as part of their recusal request.
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February 23, 2023
Factory Mutual Wins COVID-19 Insurance Dispute At 2nd Circ.
The Second Circuit ruled that Factory Mutual Insurance Co. is not required to indemnify the global manufacturer ITT Inc. against business interruptions due to COVID-19 or cover additional health and safety measures under its "all risks" policy, marking another courtroom victory for insurance companies facing claims for virus-related losses from commercial clients.
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February 23, 2023
Insurer, Guitar Maker Reach Settlement In Gibson TM Case
A Nationwide unit and a Florida guitar company have reached a settlement resolving remaining claims in their Texas federal court coverage row over an underlying case in which the guitar maker was found liable for infringing Gibson Brands' trademarked designs.
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February 23, 2023
Ill. Panel Rejects Consulting Firm's Virus Coverage Appeal
An Illinois appellate panel affirmed the dismissal of a COVID-19 coverage suit from a management consulting firm, finding that the firm didn't allege physical losses that would be covered under its commercial property insurance policy.
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February 23, 2023
NJ Panel Affirms Dismissal Of Eatery's Virus Coverage Suit
A New Jersey restaurant cannot get coverage from a Liberty Mutual unit for its pandemic-related business interruption claims, a state appeals court affirmed Thursday, finding that the court's prior no-coverage finding in a similar case last summer already rejected the arguments that the eatery had advanced on appeal.
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February 23, 2023
CBD Extractor Can't Get New Trial In Fire Coverage Fight
A West Virginia federal judge rejected a CBD producer's bid for a new trial in its fire coverage suit with Kinsale Insurance Co., finding a jury did not err when declining to grant roughly $1.5 million in additional damages to the company.
Expert Analysis
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Law Firm Biz Development Tips For The Pandemic Era
Jessica Starr and Monica Ulzheimer at Alston & Bird look at four areas where business development and other law firm administrative teams can take a leadership role in driving practice growth at a time when attorney interactions with clients and peers are limited.
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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
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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.