Property

  • 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.

  • September 15, 2022

    Recent Ruling Can't Save La. Biz's Virus Suit, Insurer Argues

    Starr Surplus Lines Insurance Co. said a recent Louisiana appellate court decision can't save an amended COVID-19 coverage suit from the owner of a handful of New Orleans restaurants.

  • September 15, 2022

    Colo. HOA Accuses Insurer Of $3M Estimate Discrepancy

    A Colorado homeowners association accused its insurer in a federal court complaint of severely undervaluing storm damage the townhouse complex suffered, saying QBE Insurance Corp. paid nearly $1,600 on what the association's adjuster estimated to be a $3.5 million loss.

  • September 14, 2022

    Fla. Property Management Co.'s COVID Claims Tossed Again

    A Miami property management company had COVID-19 coverage claims against its insurers tossed again by a Florida state judge who agreed with the insurers that the company did not prove fraud or breach of contract, but allowed the business 30 days to again amend its complaint.

  • September 14, 2022

    Spirit Air Can't Move Ahead With COVID-19 Coverage Suit

    A New York state court dismissed Spirit Airlines' case against its insurer for pandemic-related losses, finding the budget carrier could not prove physical loss or damage and was also thwarted by a contractual virus exclusion.

  • September 14, 2022

    Insurer Says Virus Exclusion Dooms Eateries' 9th Circ. Appeal

    The Hartford urged the Ninth Circuit to reject a COVID-19 pandemic insurance appeal from the owners and operators of two high-end Napa Valley restaurants, arguing a virus exclusion plainly dooms their claims.

  • September 14, 2022

    Industry Group Urges 10th Circ. To Cement FM's Virus Win

    The American Property Casualty Insurance Association urged the Tenth Circuit to affirm a trial court's decision against a Colorado casino seeking COVID-19 coverage, arguing that Affiliated FM's policy was not meant to cover the loss of use of property.

  • September 14, 2022

    Minn. Laundromat Can't Recover Losses From Floyd Protests

    A laundromat located near the site of the May 2020 murder of George Floyd lost its bid in Minnesota federal court to gain coverage from a Travelers unit for loss of business income after it said mementos commemorating Floyd, barricades and other structures blocked access.

  • September 14, 2022

    La. Restaurant Owner Wants Virus Coverage Suit Paused

    A New Orleans restaurant owner asked a Louisiana federal court to reject Starr Surplus Lines Insurance Co.'s dismissal motion of the owner's coronavirus coverage suit, arguing that the suit should be paused due to a pending Louisiana Supreme Court ruling in a similar case.

  • September 14, 2022

    NC College Loses COVID-19 Coverage Suit Against Travelers

    A North Carolina federal judge tossed a private college's bid for up to more than $31 million in COVID-19 business interruption coverage from Travelers Indemnity Co. of America, finding that the school didn't make any valid claims under its policy.

  • September 13, 2022

    Okla. Supreme Court Rejects Cherokee Nation's COVID-19 Suit

    The Oklahoma Supreme Court found Tuesday in a split decision that the Cherokee Nation's losses from closing its properties due to the threat of COVID-19 aren't eligible for insurance coverage, reversing a lower court's decision in the tribal nation's favor.

  • September 13, 2022

    Tulane, Insurer Gear Up For Trial In COVID-19 Coverage Row

    Tulane University and its insurer traded barbs in Louisiana federal court Tuesday, weeks before a scheduled jury trial to determine whether the school is owed coverage for any of the $33.7 million it spent combating COVID-19, which the insurer claims is not a covered "pollution condition."

Expert Analysis

  • How 11th Circ. Ruling Dominated 2021 COVID Insurance Cases

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    Despite being a case about construction dust and debris, the Eleventh Circuit’s 2020 opinion in Mama Jo’s v. Sparta Insurance had a pervasive and unwarranted effect this year on coverage for business interruption losses stemming from the COVID-19 pandemic, say Hugh Lumpkin and Garrett Nemeroff at Reed Smith.

  • When And How To Depose Fact Witnesses Remotely In 2022

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    Tim Tryniecki and Thomas Mudd at MG+M offer a series of practice tips for successfully conducting remote depositions of often-inexperienced fact witnesses, as the virtual court proceedings sparked by COVID-19 look set to become a part of the legal landscape next year.

  • JP Morgan Ruling May Have Broad Insurance Implications

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    The New York Court of Appeals' recent decision in J.P. Morgan Securities v. Vigilant Insurance — that settlement funds paid to the U.S. Securities and Exchange Commission did not constitute a penalty for insurance purposes — could have far-reaching application in other types of insurance litigation where plaintiffs could be characterized as seeking equitable relief, say Robert Shulman and Cristen Rose at Paley Rothman.

  • Embracing ESG: PayPal CLO Talks Gauging Impact And Intent

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    For legal teams, the corporate evolution toward more intentional post-COVID-19 environmental, social and governance strategies means deeper integration across business functions, seeking counsel on emerging issues affecting stakeholders, adapting initiatives around changing policies and regulations, and advancing ESG reports to better measure impact, says Louise Pentland at PayPal.

  • 2 Insurance Rulings Showcase Trend Favoring Appraisal

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    Two recent decisions from a Florida state court and the Tenth Circuit are consistent with the purpose of, and overwhelming judicial preference toward, appraisal as a means of property claim resolution, ensuring that policyholders have further support in employing this tool against a reluctant insurer, say Matthew Weaver and Jessica Gopiao at Reed Smith.

  • COVID Insurance Cases Highlight Federal-State Court Tension

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    COVID-19 insurance coverage litigation has resulted in an unprecedented number of federal courts preemptively ruling on an area of law in which state courts have final say — a problematic trend with likely undesirable results for litigants unless federal courts consider certain proactive solutions, says John Koch at Flaster Greenberg.

  • Strike And Riot Insurance Considerations For Policyholders

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    As civil unrest risks evolve, outpacing the insurance products designed to cover them, businesses relying on strike, riot and civil commotion coverage or commercial property coverage should review key aspects of their policies, say Jillian Raines and Shafkat Rakib at Cohen Ziffer.

  • Texas Insurers' Paths To Post-Appraisal Summary Judgment

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    Despite Texas insurance law changes that have altered the interaction between appraisal awards and certain extracontractual claims, recent state and federal court decisions show insurers still have options for summary judgment on policyholders' claims after the entry of an appraisal award, say Michael O'Brien and Claire Fialcowitz at Zelle.

  • What To Include In Orders Governing Remote Arbitration

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    When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

  • Insurers Should Honor Astroworld Coverage Obligations

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    While insurers may be eager to shift blame on Astroworld showrunner Travis Scott for conditions that resulted in 10 deaths and dozens of injuries, arguments suggesting the tragedy shouldn't be covered appear baseless in light of the facts and the law, says Benjamin Massarsky at Miller Friel.

  • Revisiting Loss Calculations For Business Interruption Claims

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    As business interruption insurance claims from COVID-19 and other recent catastrophes flood the courts, David Yohai and Heather Weaver at Weil examine two common judicial approaches to calculating losses, survey their outsize effect on an insured's recovery, and discuss how the influx of new decisions will change the landscape.

  • The Hazards Of Female Lawyers Being 'Office Moms'

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    Female attorneys are frequently credited with being the "office moms" who do critical but undervalued work — from bringing birthday cakes to serving on diversity committees — but as lawyers return to offices, now is a good time for employers to rectify the gender imbalance that disadvantages women, say Ninth Circuit Judge Margaret McKeown and Fine Kaplan partner Roberta Liebenberg.

  • Ransomware Case Signifies Shift In Cyber Insurers' Stance

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    The pleadings in a recently settled California federal court case, Boardriders v. Great American Insurance, show that cyber insurers are taking an adversarial approach to ransomware-related claims in the wake of increasing attacks, so policyholders should anticipate new policy language, claim-payment avoidance and more, say Lynda Bennett and Michael Scales at Lowenstein Sandler.

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