Property

  • September 13, 2022

    Wash. Justices Weigh Insurers' Venue Dispute With Regulator

    The Washington Supreme Court considered Tuesday whether an outside hearing officer should settle a dispute between the insurance industry and the state's insurance regulator, questioning whether the high court should even weigh in before an administrative hearing process is complete.

  • September 13, 2022

    Panelists Parry Environmental Liability Coverage's Evolution

    The collision of the growing number of government lawsuits over climate change and increased regulation of hazardous substances with a better prepared insurance industry will spark new legal debates as issues enter the courtroom doors, two panelists said in a Wednesday webinar.

  • September 13, 2022

    ViacomCBS Says Policy Required, Covered COVID Protocols

    ViacomCBS told a California federal court that its insurer is bound by both its policy and state law to cover expenses from fighting the spread of COVID-19 at its productions, arguing its policy required it to take reasonable measures to reduce risk.

  • September 13, 2022

    Suquamish Tribal Court Must Hear Insurers' COVID-19 Suit

    A Washington federal judge has thrown out a suit by a group of insurers asking him to rule that the Suquamish Tribal Court doesn't have jurisdiction over claims by the tribe and its businesses seeking coverage for physical loss or damage to their property due to COVID-19.

  • September 13, 2022

    Seattle Orchestra Drops 9th Circ. COVID Insurance Appeal

    The Seattle Symphony Orchestra agreed to drop its COVID-19 insurance fight with Hartford Fire Insurance Co. at the Ninth Circuit, ending its bid to have the insurer cover millions in pandemic-related losses.

  • September 13, 2022

    Zurich Unit Tossed From Casino's Pandemic Loss Suit

    A Zurich unit has no obligation to provide COVID-19 coverage to a casino and racetrack operator, a Pennsylvania federal judge ruled, saying the operator didn't suffer physical loss or damage from the coronavirus.

  • September 12, 2022

    Steakhouse Insurers Tell 9th Circ. COVID Claims Need Proof

    The insurers for a steakhouse chain seeking pandemic-related relief asked the Ninth Circuit to affirm dismissal of the restaurants' case against them, arguing COVID-19 and related government shutdown orders did not cause property damage required to trigger coverage.

  • September 12, 2022

    Insurer Accuses Property Co.'s Witness Of Destroying Docs

    United Fire & Casualty Co. accused a real estate company's key witness of intentionally destroying documents related to water and fire damage claims, claiming that the records would have contradicted the witness' sworn testimony.

  • September 12, 2022

    Ill. Home Developer Wins Appeal For Coverage Of Defect Suit

    An Illinois state appeals court overturned Acuity's win in a dispute over coverage for construction defects at a townhome development, holding that the underlying allegations potentially fall within the policy's coverage requirement of property damage caused by an occurrence.

  • September 12, 2022

    Kombucha Maker Loses Bid For Coverage Of False Ad Suit

    The maker of kombucha sold at Trader Joe's and Safeway doesn't have insurance coverage for suits accusing it of mislabeling the amount of alcohol in its drinks, a California federal judge said, noting that underlying plaintiffs never said the beverages caused them physical harm.

  • September 12, 2022

    Zurich's Virus Arguments Contradictory, Burlington Says

    Burlington Stores pushed back on Zurich American Insurance Co.'s attempt to dismiss its $750 million COVID-19 pandemic coverage suit, calling the insurer's arguments contradictory and insufficient to toss the case.

  • September 12, 2022

    4th Circ. Won't Rehear Golden Corral's Virus Coverage Suit

    The Fourth Circuit denied national buffet chain Golden Corral's request to rehear its appeal for pandemic-related insurance coverage under its $50 million policy with Illinois Union Insurance Co.

  • September 09, 2022

    $1.5M Approved For Fla. To Study Insurance Rating Alternative

    Florida's joint legislative budget commission approved a request Friday from the state's Department of Financial Services to spend up to $1.5 million on a consultant that would explore alternative methods for rating insurance companies.

  • September 09, 2022

    6th Circ. Won't Revive Restaurant Chain's Virus Coverage Suit

    A Midwestern brunch chain lost its appeal for pandemic-related business interruption coverage Friday in a split Sixth Circuit decision that found civil authority coverage wasn't triggered absent proof of a causal relationship between COVID-19 in its establishments and government shutdown orders.

  • September 09, 2022

    Md. Judges Question Virus Coverage For Fashion Co.

    Several judges on Maryland's high court said Friday that they were having trouble understanding elements of arguments from the owner of luxury brands Coach and Kate Spade in its bid for COVID-19 coverage.

  • September 09, 2022

    SC Restaurants Lose COVID-19 Coverage Suit

    A South Carolina federal judge dismissed a proposed class action brought by a pair of Charleston eateries against their insurers after they were denied COVID-19 loss-related coverage, despite a provision in the policies allowing for certain virus-related damages.

  • September 09, 2022

    Insurer Urges 2nd Circ. To Reject Skin Care Co.'s COVID Suit

    A Hartford unit asked the Second Circuit to reject Mario Badescu Skin Care Inc.'s COVID-19 pandemic business interruption appeal, arguing that the company did not show a physical loss or damage required to trigger coverage.

  • September 09, 2022

    USAA Sues Water Filter Makers Over Homeowner Damage

    USAA Casualty sued two makers of water filter components in Arizona federal court over a defective product that USAA alleges caused $344,000 in damages to a home.

  • September 08, 2022

    Texas Mall Says Typo Doesn't Doom Hail Coverage Suit

    A Texas mall damaged by a 2020 hailstorm asked a federal judge not to toss its case against Allied Property and Casualty Insurance Co. for more than $1.8 million in damages merely due to a typographical error.

  • September 08, 2022

    Calif. Insurance Chief Ties Rates To Fire Safety In Regulation

    A new regulation submitted by California's insurance chief for approval would require insurers to reward wildfire safety efforts with discounts, a novel rule aimed at reducing costs and incentivizing risk-prevention.

  • September 08, 2022

    7th Circ. Rulings Doom Salon's Virus Suit, Insurer Says

    West Bend Mutual Insurance Co. asked an Illinois federal court to toss an upscale Chicago beauty salon's amended COVID-19 pandemic business interruption suit, arguing the salon made the same claims the court — and the Seventh Circuit — have already rejected.

  • September 09, 2022

    NFIP Reforms Take On Urgency As Program Deadline Nears

    Reforming the National Flood Insurance Program to better serve marginalized communities and ensure long-term support for homeowners should be a top priority for lawmakers ahead of a coming deadline to reauthorize the program, experts say.

  • September 08, 2022

    Treasure Hunter's Bid For Coverage Of IP Suit Sunk

    A Washington federal judge ruled that Great American Insurance Co. doesn't have to cover an underlying lawsuit over a treasure hunt for gold lost in a shipwreck in the Edwardian era.

  • September 08, 2022

    Restaurants Drop 9th Circ. Virus Appeals Against Insurer

    Two Seattle restaurants voluntarily moved to dismiss their Ninth Circuit appeals against Oregon Mutual Insurance, permanently ending their bids for COVID-19 pandemic business interruption coverage just two weeks after a state high court ruled against a policyholder in a similar dispute.

  • September 07, 2022

    Ambac Rips Countrywide RMBS 'Factory' As $2.7B Trial Starts

    Countrywide Home Loans Inc. put Ambac Assurance Corp. on the hook for $2.7 billion by secretly churning out shoddy residential mortgage-backed securities in the "worst of the worst" of pre-2008 loan practices, the insurer's counsel told a Manhattan judge on the first day of a long-awaited trial Wednesday.

Expert Analysis

  • Pa. Ruling Leaves Auto Policy Stacking Questions

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    Following the Pennsylvania Supreme Court's recent decision in Donovan v. State Farm, implicitly confirming the validity of a household vehicle auto policy exclusion with a proper inter-policy stacking waiver, it is unclear what the court expects insurers to do about stacking waivers, say Christopher Woodward and Allison Krupp at Marshall Dennehey.

  • Cyber Rulings Aren't Helping COVID Biz Interruption Cases

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    Where policyholders have recently tried to draw comparison between the loss of property use from a COVID-19 shutdown order and the loss of data use from a ransomware attack, they have found courts unsympathetic to these arguments for business interruption insurance coverage, say Jane Warring and Kristian Smith at Zelle.

  • Insurance Commissioner's Agenda: NY On Industry Diversity

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    My Chi To, executive deputy superintendent of the New York State Department of Financial Services Insurance Division, discusses steps her agency is taking to promote diversity, equity and inclusion within the insurance industry and suggests practices for companies to consider adopting.

  • How Dealmakers Can Bridge M&A Differences In US, Europe

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    As business continues to heat up globally, differing practices and norms in mergers and acquisitions can lead to misunderstandings between U.S. and European dealmakers, but a comparison of documentation structures and processes can help avert these complications, say Piotr Korzynski and Piotr Jaskiewicz at Baker McKenzie.

  • Insurance Considerations Amid Increased Use Of Drones

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    The growing use and rapidly evolving regulation of drone technology across industries raise tricky insurance coverage questions and increase exposure to third-party liability and first-party loss, say attorneys at Covington & Burling.

  • 9th Circ. COVID Coverage Ruling Misapplies Burden Of Proof

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    The Ninth Circuit’s recent decision in Mudpie v. Travelers Casualty Insurance, dismissing a COVID-19 insurance coverage claim, incorrectly applied the burden of proof to the policyholder instead of the insurer, disregarding the crucial differences between third-party liability and first-party all-risks insurance policies, says Lee Epstein at Flaster Greenberg.

  • No Signs Of Turning, Tide Of Insurer COVID Wins Persists

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    The trend of COVID-19 business interruption decisions favoring insurers continues to hold strong — any commentary to the contrary is striking a narrative that is not borne out by reality, say attorneys at Dentons.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • 5th Circ. Ruling Aids Policyholder Deductible Calculations

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    In its recent McDonnel Group v. Starr Surplus Lines Insurance decision, the Fifth Circuit held that the policy's flood deductible language was ambiguous, providing a win for policyholders and a helpful mathematical interpretation for insureds with similar deductible language in their property insurance policies, says Tae Andrews at Miller Friel.

  • COVID-19 Offers Cautionary Tales On Hospitality Contracts

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    Hotel owners should look closely at the agreements that govern hotel investment and operation to learn lessons from the pandemic and to protect against such vulnerability in the future with force majeure clauses and other provisions, say Anthony Cavanaugh and Jiah Park at Miles & Stockbridge.

  • What Mainstreaming Of Litigation Finance Means For Industry

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    The rush of new capital and investors into the litigation funding space is expected to bring heightened competition on price and other key deal terms, but litigants will need to be more in tune with individual financiers' proclivities, says William Weisman at Therium Capital Management.

  • After Ida, A Look At Sandy's Flood Insurance Lessons

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    The flood insurance experience gained in connection with Superstorm Sandy can offer valuable lessons to those that have suffered a flood loss from the recent Hurricane Ida, and can guide others before and after the next storm, say Lee Epstein and Matthew Goldstein at Flaster Greenberg.

  • Federal Courts Make 2 Basic Errors In Virus Coverage Rulings

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    Many federal courts deciding dispositive motions in COVID-19 business interruption coverage cases are neglecting fundamental precepts of civil procedure by acting as fact-finders or failing to defer to forum state decisions, say attorneys at Hunton.

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