Property

  • September 21, 2022

    NY AG James Sues Trump, Alleging $250M Business Fraud

    New York Attorney General Letitia James filed suit Wednesday against former President Donald Trump, his children and company executives, seeking the return of $250 million in allegedly ill-gotten gains from a 10-year scheme to defraud banks using misleading financial statements.

  • September 20, 2022

    CBD Extractor's Claims Invalid Under W.Va. Law, Insurer Says

    A cannabidiol company's insurer asked a West Virginia federal court weeks before its scheduled jury trial to toss the CBD business's counterclaims accusing it of bad faith and violating state unfair trade practices in not covering a 2019 Halloween blaze at its warehouse.

  • September 20, 2022

    Calif. Construction Firm Adds Appellate Specialist Team

    Berding & Weil has launched a new appellate team with more than 60 years of combined experience, the firm announced in a news release Tuesday.

  • September 20, 2022

    LA Developer Drops $5.9M Superfund Cleanup Coverage Suit

    A Los Angeles County developer agreed to drop its lawsuit against Chubb Custom Insurance Co. that sought $5.9 million for remediation costs at a property it purchased.

  • September 20, 2022

    Cigna Slams NJ Lab's 'Contempt' In COVID-19 Coverage Suit

    Cigna Health and Life Insurance Co. said a radiology lab has turned over deficient patient claims information in pursuing a New Jersey federal lawsuit seeking about $1.5 million for COVID-19 services, citing the entity's allegedly "flagrant contempt" of court processes in other Garden State cases.

  • September 20, 2022

    Calif. Footwear Co. Urges 9th Circ. To Revive Virus Suit

    A California federal court wrongfully tossed a COVID-19 business interruption coverage suit brought by a footwear boutique owner, the company told the Ninth Circuit, arguing its claims that the virus physically damaged its property were sufficient to avoid dismissal.

  • September 20, 2022

    La. Hospital Loses COVID-19 Coverage Suit

    A Louisiana federal judge sided with an insurer in a hospital's suit for coverage of COVID-19 pandemic losses, finding that despite a state appellate ruling favoring a restaurant in a COVID-19 coverage suit, controlling precedent still favors insurers when defining property damage.

  • September 20, 2022

    Wash. Condo Group Sues Nationwide For 'Hidden' Damages

    A Washington-based condominium association sued Nationwide for over $700,000 in coverage for repairing hidden water damages, saying the insurer unreasonably denied it coverage despite findings of long-term damage, according to the association's suit.

  • September 20, 2022

    NYC Seeks Defense In 3 Suits Against City Contractors

    The city of New York urged a New York federal court to order Philadelphia Indemnity Insurance Co. to defend it in three suits, arguing that it qualifies as an additional insured under three separate policies issued to nonprofit agencies contracting with the city to provide foster care, housing assistance or educational programs.

  • September 20, 2022

    3rd Circ. Orders Jurisdiction Probe In Suit Over Fire Coverage

    A Third Circuit panel said federal courts should consider the citizenship of all the members of a reciprocal insurance exchange when deciding whether diversity jurisdiction exists, sending two insurers' lawsuit over a deadly Pennsylvania nursing home fire back to the district court Tuesday.

  • September 19, 2022

    Ill. Panel Upholds Insurer's Win In COVID-19 Coverage Dispute

    An Illinois state appeals court affirmed a lower court's decision siding with Society Insurance in a suit brought by bars and other businesses seeking coverage for losses due to the COVID-19 pandemic.

  • September 19, 2022

    Defect Exclusion Sinks Allied's $3M Facility Damage Suit

    A Florida federal judge ruled in favor of Travelers in a suit brought by Allied World Assurance Co., finding that an exclusion for design defects barred coverage for more than $3.1 million in losses and expenses related to work on a water treatment plant.

  • September 19, 2022

    Allstate Says No Coverage For Tenant In Stabbing Incident

    Allstate doesn't have to cover a woman accused of stabbing someone at her apartment complex, the insurer told a Georgia federal court, raising several defenses to coverage including a criminal acts exclusion.

  • September 19, 2022

    Geico Beats Tenn. Driver's Suit Over High COVID Premiums

    A Tennessee federal judge became the latest to let auto insurer Geico off the hook in a policyholder's proposed class action accusing the company of overcharging premiums during the COVID-19 pandemic, when government stay-at-home orders kept cars off the road, thus reducing the number of accidents. 

  • September 19, 2022

    Insurer Says No Coverage For Contractors In Injury Suit

    A Markel unit sued a pair of construction companies in New York and New Jersey federal courts, arguing that it has no duty to cover defense costs related to an underlying suit from an injured worker.

  • September 19, 2022

    Insurer Says Motel Not Covered For Fentanyl Death Suit

    A Florida motel is not entitled to coverage for an underlying suit filed by the family of a woman who died of a fentanyl overdose on the motel's premises, an insurer told a Florida federal court, saying coverage is barred by the policy's pollution and chemical materials exclusions.

  • September 16, 2022

    Fla. Panel Rejects Air Quality Co.'s Insurance Dispute

    A Florida state appellate panel rejected an air quality company's appeal against American Integrity Insurance Co. of Florida, finding that its agreement to pursue reimbursement for a hurricane damage assessment on behalf of homeowners was invalid.

  • September 16, 2022

    Florida Insurers Relying More On Reinsurers, Report Says

    Losses paid by U.S. reinsurers to Florida personal property specialist insurers have more than quadrupled in the past three years, topping $1 billion in 2021, according to a new report from AM Best.

  • September 16, 2022

    Insurer Refuses To Defend Bakery In Ga. Poisoned Wells Suit

    An insurance company filed suit in Georgia federal court claiming it has no duty to defend a commercial bakery accused in an underlying suit of being part of a group dumping noxious waste at a rural property, poisoning wells near Athens, Georgia.

  • September 16, 2022

    No Coverage For Fla. Yacht Club Fraud Claims, Insurers Say

    Two insurers are asking a Florida federal court to dismiss a lawsuit filed by a yacht club, arguing they do not have to provide coverage for an allegedly fraudulent bank transfer because the club is not accused of transferring the money.

  • September 16, 2022

    OCC Fines PNC Bank $2.6M Over Flood Insurance Errors

    The Office of the Comptroller of the Currency has fined PNC Bank NA more than $2.6 million for allegedly failing to "force-place" flood insurance on homeowners in a timely manner, in violation of the Flood Disaster Protection Act.

  • September 16, 2022

    Wash. Dance Studio Drops COVID-19 Coverage Suit

    A group of Washington businesses dropped their COVID-19 business interruption suit against Hartford Casualty Insurance Co. and one of its units in federal district court, ending their bid for coverage following a state high court ruling against policyholders in a similar case.

  • September 16, 2022

    Exclusion Bars Coverage In Suit Over Fumes, Insurer Says

    An insurance company asked for a quick win in Florida federal court, arguing that a pollution exclusion clearly bars coverage for an owner and an operator of a business center that are accused of failing to stop a gun manufacturer tenant from causing bodily injuries due to noxious fume exposure.

  • September 15, 2022

    Wash. Justices Find No Coverage For Seattle Tunnel Delay

    The cost of a three-year delay in construction of a Seattle tunnel caused by a broken tunnel-boring machine known as "Bertha" is not covered by insurance, a unanimous Washington Supreme Court said in an opinion entered Thursday.

  • September 15, 2022

    Mo. Schools Want New Shot Over Delayed Virus Coverage

    Two Missouri universities asked a federal judge to let them amend their COVID-19 coverage lawsuit against Factory Mutual Insurance Co. after the deadline for doing so had passed, arguing that the delayed coverage of a communicable disease claim was vexatious and punitive.

Expert Analysis

  • Lessons From Calif. Liability Claim Recoupment Ruling

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    A recent California federal court decision in Evanston Insurance v. Winstar Properties illustrates the perils of insurer recoupment and underscores the importance of assessing recoupment rights, if any, throughout the claims process, say Geoffrey Fehling and Veronica Adams at Hunton.

  • Recent Decisions Are Eroding All-Risk Insurance Coverage

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    All-risk insurance coverage is under siege by insurers' broad interpretations of established exclusions, and recent decisions in New Jersey and New Hampshire have shown that courts may not protect coverage despite the policies' text and intent, says Nicholas Insua at Reed Smith.

  • Exploring Calif. Wildfire Insurance's Legislative Landscape

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    As California wildfire season approaches, elected officials and insurance companies continue to face the task of finding long-term solutions, including an increasingly important role for mitigation efforts by individual homeowners and business owners in order to protect their property, say Jan Larson and Jenna Conwisar at Jenner & Block.

  • COVID Coverage Cases Conflict With Insurer Documentation

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    A look at three court cases highlights a gap between successful insurer arguments made in litigation about policy text and the insurance industry's own understanding of the potential for property damage and business interruption coverage of virus- and disease-related claims, say professors at UConn, the University of Nevada and Queen's University.

  • Pandemic Losses Do Not Trigger Biz Interruption Coverage

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    Although Law360 has reported that there may be hope for policyholders seeking property insurance coverage for pandemic-related losses, basic contract principles and overwhelming case law show the opposite, say attorneys at Dentons.

  • 2 Calif. Insurance Decisions Question Boundaries Of Fortuity

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    Last month, California state and federal courts revisited fortuity issues in two decisions that show how the occurrence requirement and the California Insurance Code's prohibition on coverage for an insured's willful acts can be exceedingly difficult to apply to lawsuits alleging novel legal theories, say Jodi Green and Sophia von Bergen at Miller Nash.

  • Insurer Best Practices For NY Climate Risk Compliance

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    Insurers should view the New York Department of Financial Services' guidance on managing financial risks from climate change as a bellwether for state and federal regulation and should use the time before this summer's compliance deadline to prepare and implement an appropriate response strategy, say Jim Wrynn and Robert Stephens at FTI Consulting.

  • Assessing NFT Insurance Coverage Options And Gaps

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    Because non-fungible tokens do not come bundled with insurance policies, and until NFT-specific insurance policies become more common, NFT owners should proactively protect against risk by drawing upon existing frameworks, despite potential coverage gaps, say Brian Scarbrough and Edward Crouse at Jenner & Block.

  • Crypto And NFTs Could Change The Future Of Real Estate

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    As they grow increasingly popular, cryptocurrencies and nonfungible tokens may shape how real estate transactions are conducted and open the market to many new investors, but these changes are not without risk, says Hugo Alvarez at Cole Scott.

  • The Misinterpretation Of Pa.'s Bad Faith Claims Handling Rule

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    Courts applying Pennsylvania law in insurance coverage disputes, such as the recently decided Walker v. Foremost Insurance, and finding that where an insurer establishes that the subject claim is not covered by the insurer’s policy there can also be no bad faith claim by the insured, are inaccurately interpreting state law, say George Stewart and Max Louik at Reed Smith.

  • How Sonic Boom Risk Informs 'Physical Loss' For COVID Era

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    Applied to today's COVID-19 business interruption insurance battles, insurers' historical treatment of damage associated with sonic booms — or explosive sounds stemming from supersonic airplane speeds — may call into question the many court rulings barring coverage for pandemic-related losses on narrow physical loss grounds, say Peter Kochenburger at the University of Connecticut and Jeffrey Stempel at University of Nevada, Las Vegas.

  • Justices Must Apply Law Evenly In Shadow Docket Rulings

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    In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

  • Ill. COVID Rulings Correctly Adopt Physical Loss Standard

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    In two recent decisions, Sweet Berry Cafe v. Society Insurance and Lee v. State Farm, Illinois appellate courts properly followed the Illinois Supreme Court's standard for physical loss when deciding COVID-19 business interruption cases, says Melinda Kollross at Clausen Miller.

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