Property

  • September 22, 2022

    Fla. Condos Sue Insurers Over Hurricane Irma Damage

    Two Miami-area condo associations sued their insurers Wednesday for allegedly not covering millions of dollars of damage from Hurricane Irma.

  • September 22, 2022

    Storm Damage Suit Against Nationwide Unit Moves Forward

    A Florida federal judge rejected a Nationwide unit's bid for summary judgment in a suit over Tropical Storm Eta damage, finding that Scottsdale Insurance Co. agreed to the policyholder's version of the facts and didn't properly challenge them when it had the chance.

  • September 22, 2022

    Clifford Chance Adds Ex-Sidley Partner To US Practice

    Top international firm Clifford Chance LLP announced on Thursday that a New York-based insurance and financial services partner has joined the firm as co-head of its U.S. insurance practice, adding his more than 23 years of experience in the industry to its team.

  • September 21, 2022

    8th Circ. Judge Blasts Casino Over Jurisdiction In Virus Suit

    An Eighth Circuit judge on Wednesday accused an Iowa casino operator of lying and wasting the court's time after its attorneys realized in March that there wasn't federal diversity jurisdiction in its COVID-19 coverage suit against Zurich American Insurance Co.

  • September 21, 2022

    Ill. Panel Upholds Insurer's Win In Bad Workmanship Suit

    American Family Mutual Insurance has no duty to defend a landscaper accused of botching its work for a pair of homeowners, an Illinois appeals court affirmed, finding that the homeowners failed to allege property damage outside the landscaper's own work.

  • September 21, 2022

    Insurer Ducks Coverage In Unpermitted Demolition Row

    A California federal judge ruled a Berkshire Hathaway unit isn't responsible for covering a state court judgment related to unauthorized demolitions at a historic San Francisco building, finding the damages won in the underlying suit are excluded under its policy.

  • September 21, 2022

    Insurers Wrongly Denied COVID Claim, Del. Justices Told

    An attorney for a multi-state water park venture told Delaware's Supreme Court on Wednesday that a lower court wrongly tossed its challenge to an insurer's rejection of COVID-19 business loss coverage based on an "overly interpreted and expanded" policy exclusion covering pollutants.

  • September 21, 2022

    Insurer Urges Ill. Justices To Sink Tenants' Fire Defense Bid

    Auto-Owners Insurance Co. urged the Illinois Supreme Court on Wednesday to keep a rental property's tenants from taking "a wrecking ball" to the duty to defend and reverse a lower court's finding that it should defend them in a handyman's fire negligence suit.

  • September 21, 2022

    5th Circ. Affirms Dismissal Of Jeweler's Virus Coverage Suit

    The Fifth Circuit declined to revive a New Orleans jeweler's COVID-19 pandemic business interruption suit against Axis Surplus Insurance Co., finding that a previous decision by the court doomed the jeweler's arguments in favor of coverage.

  • September 21, 2022

    Bankrupt Restaurant's COVID-19 Coverage Suit Tossed

    A California federal judge has rejected bankrupt restaurant chain Garden Fresh's claims that its insurance covers losses caused by government-ordered COVID-19 shutdowns, saying it is making arguments that have been tried and rejected in numerous prior cases.

  • September 21, 2022

    Chocolatier Asks Court To Set Aside Verdict Over Sandy Claim

    A chocolatier asked a New York federal court to set aside a recent jury verdict and rule that a policy issued by a Chubb unit provides coverage for the company's Superstorm Sandy losses, saying the jury returned the verdict "without a scintilla of valid extrinsic evidence."

  • 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. 

Expert Analysis

  • 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.

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Litigation Complicates Surprise Medical Bill Law Compliance

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    Health care providers working on compliance with a recently effective law intended to curb surprise medical bills should prioritize provisions of the statute that are not being challenged by a group of ongoing lawsuits, and prepare to take advantage of potential provider-friendly court rulings regarding components in question, say Brenna Jenny and Jaime Jones at Sidley.

  • How NJ Bad Faith Auto Insurance Bill Compares To Pa.'s

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    The recently enacted New Jersey Insurance Fair Conduct Act, is in some ways narrower and in other ways broader than Pennsylvania's notoriously strict bad faith statute and leaves open many fundamental questions, which took Pennsylvania decades of litigation to resolve, say Kristin Jones and Brian Callaway at Troutman Pepper.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • Reach Of Ohio Ransomware Ruling Limited To Policy At Hand

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    While an Ohio appellate court's recent decision allowing the insured's ransomware attack claim to proceed in EMOI Services v. Owners Insurance may seem significant for insurance jurisprudence, it should not have implications beyond policies specifically insuring damage to software, says Jane Warring at Zelle.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • Flawed NY Insurance Law Needs Amendments

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    The New York Comprehensive Insurance Disclosure Act, recently signed by the governor, imposes a multitude of problematic disclosure obligations on defendant-insureds, which the Legislature should — and likely will — seriously consider modifying or eliminating, says Richard Mason at MasonADR.

  • Recent Bias Suits Against Law Firms And Lessons For 2022

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    2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.

  • Associate Hiring Outlook At Law Firms Is Bright For 2022

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    After a year of extraordinary signing bonuses, nearly instantaneous offers and flexible work arrangements, strong demand for talented law firm associates will continue into 2022 — with some differences between East and West Coast markets — and junior attorneys should take steps to capitalize on the opportunity, say Ru Bhatt and Summer Eberhard at Major Lindsey.

  • The Most-Read Legal Industry Guest Articles Of 2021

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    Popular legal industry guest articles this year included commentary on the admissibility of video depositions, an unusual U.S. Supreme Court citation, the perils of lawyer perfectionism, and more.

  • How Firms Can Adapt Amid COVID's Shifting Legal Needs

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    Avi Stadler at Esquire Deposition Solutions discusses the practice areas that are expanding most aggressively during the COVID-19 era of increased litigation and technology needs, and offers recommendations for how law firms can attract and retain the expertise they need to thrive in today's competitive market for legal services.

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