Property

  • 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.

  • September 15, 2022

    7th Circ. Nixes Trampoline Park Coverage, Cites Similar Cases

    The Seventh Circuit said an Illinois trampoline park isn't entitled to insurance coverage for pandemic-related business losses, citing its previous decisions in similar cases in a one-page order Thursday.

  • September 15, 2022

    Insurer Disputes Fla. College's $13M Hurricane Damage Costs

    Church Mutual Insurance Co. filed a countersuit against The Baptist College of Florida in federal court, disputing the amount it must pay the institution as a result of damages from Hurricane Michael in 2018, claiming policy restrictions should supersede a confirmed appraisal exceeding $12.9 million.

  • September 15, 2022

    11th Circ. Says Apt. Wear And Tear Not Covered By Insurance

    Scottsdale Insurance Co. did not break a contract with owners of a Miami apartment building when it refused to pay a $2.6 million claim because their general liability policy doesn't cover faulty construction and normal wear and tear, the Eleventh Circuit said.

Expert Analysis

  • 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.

  • A Guide To Extrinsic Evidence In Determining Duty To Defend

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    As the eight-corners rule for the duty to defend is increasingly riddled with exceptions to its strict formulation of confining the analysis to only the language of the insurance policy and the underlying complaint, Richard Mason at MasonADR discusses the newest notable decisions and offers strategies for attorneys litigating the duty to defend.

  • Political Risk Insurance May Help Cos. Hurt By Russian War

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    As Russia’s war on Ukraine causes severe economic fallout, it’s crucial that U.S. companies with operations in the region understand what losses might be covered by their political risk insurance policies, and take steps to ensure that all available coverage is preserved and maximized, says Micah Skidmore at Haynes and Boone.

  • Conn. Ruling Widens Scope Of Property Insurance Appraisals

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    After the Connecticut Supreme Court’s recent decision in Klass v. Liberty Mutual, holding that appraisers can apply the state’s matching statute when determining the amount of loss, insurers may not avoid appraisal on the sole basis that there is a coverage dispute, and policyholders will likely attempt to further expand the scope of appraisers' authority, says Peter Kelly Golfman at Zelle.

  • New 'Bad Faith' Claim Law Holds NJ Insurers Accountable

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    New Jersey’s recently enacted Insurance Fair Conduct Act, giving policyholders a bad faith cause of action for claims involving uninsured and underinsured motorist coverage, is an important step toward countering unfair insurer advantage and expanding consumer protections, say attorneys at K&L Gates.

  • Insurance Implications Of Texas '8 Corners' Rulings

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    Two recent Texas Supreme Court opinions resolve a long-pending question by reaffirming the so-called eight-corners rule as the primary means for determining an insurer's duty to defend, which should provide greater consistency between future state and federal decisions, says Susan Kidwell at Locke Lord.

  • Why I'll Miss Arguing Before Justice Breyer

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    Carter Phillips at Sidley shares some of his fondest memories of retiring Justice Stephen Breyer both inside and out of the courtroom, and explains why he thinks the justice’s multipronged questions during U.S. Supreme Court oral arguments were everything an advocate could ask for.

  • Defense Counsel Must Alter Tactics To Fight Outsize Verdicts

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    If defense counsel continue to use the same strategies they’ve always relied on without recognizing plaintiffs attorneys’ new playbook, so-called nuclear verdicts, such as the recent $730 million jury verdict in a wrongful death case in Texas, will continue to proliferate, says Robert Tyson at Tyson & Mendes.

  • BigLaw Must Nix All-Or-Nothing Work Model To Retain Talent

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    Record numbers of workers quitting in the “Great Resignation,” paired with the growing success of nontraditional and freelance legal services, show that BigLaw’s management committees must reconsider rigid billable hour expectations and be open to part-time and noncontinuous work arrangements, says Hui Chen at Hui Chen Ethics.

  • 11th Circ. Ruling Highlights Trend Of Stricter Insurer Valuation

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    The Eleventh Circuit's recent decision in favor of the insurer in Metal Products v. Ohio Security Insurance is a jarring reminder that both Florida insurance companies and courts are increasingly viewing policy valuation provisions with stricter scrutiny, say Gina Lozier and Christopher Choquette at Berger Singerman.

  • The Flaws In The Traditional Approach To Hiring A Law Firm

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    Trevor Faure at Smarter Law Solutions and Gregory Richter at Major Lindsey offer an inside look at Teva Pharmaceuticals' recent overhaul of its law firm relationships through anonymous grading, and discuss how the company’s surprising findings on the correlation between quality and cost reveal shortcomings in traditional business development.

  • Federal Courts Are Right Venue For COVID Insurance Cases

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    Two recent Law360 guest articles positing that state, not federal, courts should be deciding COVID-19 insurance coverage disputes incorrectly assume that these cases contain novel insurance law issues, say attorneys at Dentons.

  • Keys To Keeping Law Firm Talent Amid The Great Resignation

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    With employees leaving their jobs at an unprecedented pace during the "Great Resignation," law firm leaders looking to retain associates and professional staff need to operate with emotional intelligence, talk about failures openly and take the time to offer frequent feedback, says Dorianna Phillips at Lane Powell.

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