Property

  • September 07, 2022

    New Orleans Restaurants File New COVID-19 Coverage Claims

    The owner of a handful of New Orleans restaurants lodged a fresh complaint in Louisiana federal court seeking coverage under a more than $18 million policy for losses stemming from the coronavirus pandemic.

  • September 07, 2022

    Manhattan Hotel Latest To Lose Bid For COVID-19 Coverage

    A Manhattan boutique hotel lost its bid for pandemic-related insurance coverage when a Connecticut federal judge found the business did not establish physical damage needed to substantiate claims against its insurer, Aspen American Insurance Co.

  • September 07, 2022

    CNA Tells 2nd Circ. To Nix Medical Groups' Virus Suit

    CNA Financial Corp urged the Second Circuit to reject a COVID-19 business interruption coverage appeal from several groups of medical providers, arguing a recent decision by the court — that the plaintiffs previously asked to wait for — dooms their case.

  • September 07, 2022

    George Washington Univ.'s COVID-19 Coverage Suit Tossed

    A District of Columbia federal judge dismissed George Washington University's COVID-19 coverage lawsuit against Factory Mutual Insurance Co., finding that the university didn't suffer a "tangible alteration" to its property that would trigger coverage.

  • September 07, 2022

    Florida Condos Claim Insurer Owes More For Irma Damages

    A Florida condo complex accused a Zurich unit of stiffing it on Hurricane Irma-related insurance payments, arguing the storm damage to its property was fully covered under its policy.

  • September 06, 2022

    'Wall Of Precedent' Tanks Virus Row, Calif. Appeals Court Says

    A California appellate court held that the presence of the novel coronavirus does not on its own cause physical loss or damage to property, citing a "wall of precedent" in ending a restaurant operator's bid for pandemic business interruption coverage from Oregon Mutual Insurance Co.

  • September 06, 2022

    Lemon Law Lawyers Lose COVID-19 Coverage Case

    A Pennsylvania federal judge dismissed a suit by the firm that owns 1-800-LEMON-LAW against Travelers Property and Casualty Co. of America for COVID-19-related losses, finding that a virus exclusion clause doomed the case.

  • September 06, 2022

    11th Circ. Upholds Denial Of Title Co.'s Cyber Fraud Coverage

    The Eleventh Circuit on Tuesday agreed with a lower court that a Florida title company isn't entitled to insurance coverage after mistakenly wiring funds to an alleged fraudster posing as a mortgage lender because the intended recipient wasn't included under the policy's terms.

  • September 06, 2022

    P&C Profits Down 17% In 1st Half Of Year, AM Best Reports

    Net income for U.S. property and casualty insurers dropped from $38.1 billion in the first six months of last year to $31.4 billion in the first half of this year, a 17.7% drop, according to a new report from AM Best.

  • September 06, 2022

    Cravath, Willkie Lead $3.4B Texas Capital Insurance Biz Sale

    Texas Capital Bancshares Inc. has agreed to sell its insurance premium finance unit for roughly $3.4 billion to bank holding company Truist Financial Corp., the companies said Tuesday, in a transaction led by respective legal advisers Cravath Swaine & Moore LLP and Willkie Farr & Gallagher LLP. 

  • September 02, 2022

    Law360 MVP Awards Go To 188 Attys From 78 Firms

    The attorneys chosen as Law360's 2022 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • September 02, 2022

    NY Grants $6.5M For Climate Change Insurance Innovation

    New York Gov. Kathy Hochul announced $6.5 million in funding Friday to develop new insurance policies and products to protect the state against climate change losses on the anniversary of Hurricane Ida, which killed dozens of people and caused hundreds of millions of dollars in damage in the region.

  • September 02, 2022

    Outback Franchisee Loses Bulk Of COVID-19 Coverage Appeal

    A Ninth Circuit panel on Friday refused to revive a major Outback Steakhouse franchisee's claims against Affiliated FM Insurance Co. seeking compensation for pandemic-related losses but said the lower court shouldn't have dismissed with prejudice "unripe" claims for court declarations regarding coverage not yet denied.

  • September 02, 2022

    Texas Jury Awards Baylor Med School $48M In A COVID First

    A Texas jury reached a $48 million verdict in favor of the Baylor College of Medicine in its COVID-19 coverage suit against several Lloyd's of London syndicates, thus becoming the first jury to side with a policyholder in a pandemic-era business interruption suit.

  • September 02, 2022

    Property Insurance Legislation To Watch For The Rest Of 2022

    As a new legislative year begins, wildfire resiliency, litigation reform and coverage for delivery drivers are among the issues property insurance legislators and regulators are looking to address in the months ahead.

  • September 02, 2022

    State Farm's $100M Deal Marks End Of 16-Year Katrina Saga

    State Farm's recent agreement to pay the U.S. government $100 million to settle disputed Hurricane Katrina insurance claims marked the end of a 16-year legal saga that took a common dispute in post-storm insurance litigation and turned it into a large contribution to the government's growing whistleblower collections.

  • September 01, 2022

    Feed Co. Says Insurer Wrongly Depreciated Dryer Fire Payout

    An insurer and the owner of an animal feed dryer that caught fire in 2019 are asking an Arizona federal court to decide whether it's appropriate to depreciate the value of parts and labor when paying a claim, echoing a question currently before Arizona's Supreme Court.

  • September 01, 2022

    Insurer Can't Skip Fla. College's $13M Hurricane Damage Suit

    The insurer for a private Florida college must face the college's lawsuit seeking coverage for $13 million in hurricane-related property damage, a Florida federal court said, rejecting the insurer's arguments that the lawsuit was not properly filed.

  • September 01, 2022

    Fla. Atty Fee Law Survives Challenge From Contractor Groups

    A Florida state judge dismissed a lawsuit challenging a new law aimed at limiting attorney fee awards when insurance benefits are assigned to a contractor.

  • September 01, 2022

    Fla. Last-Resort Insurer Considering Raising Coverage Cap

    Florida's insurer of last resort is weighing whether it should raise its $700,000 coverage cap in certain counties as the state struggles with limited coverage options and rising home prices.

  • September 01, 2022

    Reinsurers Fight GE Arb. Bid In $28M Turbine Damage Dispute

    Several reinsurers urged a Georgia federal court to toss General Electric's bid to arbitrate their $28 million subrogation action over a gas turbine failure at an Algerian power plant, arguing there is no contract between the plant's owner and the energy giant to begin with.

  • August 31, 2022

    Kan. Office Owner Says Exclusion Doesn't Bar Leak Coverage

    An office building owner asked a Kansas federal court to decide who must pay for hundreds of thousands of dollars in damage to the building from a burst fire protection pipe that its insurer says isn't covered due to a "water exclusion" clause.

  • August 31, 2022

    Canadian Report Paves Way For Flood Insurance Program

    A Canadian government task force released a report that lays a foundation for a national public-private flood insurance program, drawing support from a major insurance trade group as the country braces for the effects of climate change.

  • August 31, 2022

    Calif. Panel Says Real Estate Co.'s Tenant Suit Is Not Covered

    A Travelers unit had no duty to defend a real estate company in a tenant dispute over conditions at a San Francisco apartment complex, a California state appeals court ruled, finding that the policy's habitability exclusion bars coverage for all claims in the underlying suit.

  • August 31, 2022

    American Eagle Virus Suit Belongs In Fed. Court, Judge Says

    A Pennsylvania federal magistrate judge on Tuesday recommended against sending a coverage dispute between Zurich American Insurance Co. and American Eagle Outfitters Inc. back to state court.

Expert Analysis

  • Lifting The Veil On The Supreme Court's Shadow Docket

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    Following headline-making U.S. Supreme Court emergency orders on Texas’ new abortion law, COVID-19 restrictions and more, Vetan Kapoor, counsel to Senate Judiciary Committee ranking member Chuck Grassley, R-Iowa, examines the court's so-called shadow docket and its decision-making procedures, including questions around transparency, timing and precedential effect.

  • Insurance Commissioner's Agenda: DC On Long-Term Care

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    Washington, D.C., Insurance Commissioner Karima Woods outlines the development of insurance coverage for older adults' long-term care benefits and how regulators and the industry are attempting to resolve issues with the popular product.

  • Embracing ESG: United Natural Foods GC Talks Bottom Line

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    In prioritizing environmental, social and governance initiatives as strategic value drivers, corporate general counsel can leverage meaningful ESG progress to benefit both the business's bottom line and the wider world, says Jill Sutton at United Natural Foods.

  • Ruling Rightly Sends COVID Biz Interruption Question To Jury

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    After a string of insurer coronavirus coverage wins on dispositive motions, a Missouri federal court's ruling this week in favor of the policyholder in K.C. Hopps v. Cincinnati Insurance places the decision-making responsibility about the facts and science in COVID-19 business interruption cases back where it belongs — with a jury, say attorneys at Pillsbury.

  • Policyholder Outlook Following UK Biz Interruption Test Case

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    In the nine months since the U.K. Supreme Court ruled in favor of policyholders in the Financial Conduct Authority’s test case on insurance coverage for COVID-19 businesses interruption claims, similar lawsuits filed against insurers show that a positive outcome for insureds is not guaranteed, say Peter Sharp and Paul Mesquitta at Morgan Lewis.

  • Justice Gap Demands Look At New Legal Service Models

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    Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

  • Lessons From 3rd Circ. COVID Biz Interruption Ruling

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    The Third Circuit's recent DiAnoia's v. Motorists Mutual Insurance decision, directing district courts to reevaluate their remand of three pandemic-related business interruption cases to state courts, holds a lesson that determining Declaratory Judgment Act jurisdiction requires a rigorous analysis of all factors, says Regen O'Malley at Gordon Rees.

  • What 5th Circ. Ruling Means For Insurers' Post-Award Liability

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    The Fifth Circuit's recent decision in Randel v. Travelers, holding that an insurer's timely preappraisal payment did not extinguish its liability to its insured, highlights the importance of thoroughness and accuracy in initial loss inspections, says ​​​​​​​Karl Schulz at Cozen O'Connor.

  • Insurance Commissioner's Agenda: Del. Tackles Mental Health

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    Delaware Insurance Commissioner Trinidad Navarro highlights the state's efforts to achieve insurance coverage parity for mental health care by confronting systemic stigma and penalizing disparate and restrictive insurance determinations.

  • Key Takeaways From The NAIC Summer National Meeting

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    Stephanie Duchene and Kara Baysinger at Willkie highlight what insurance practitioners should know about top industry priorities from the National Association of Insurance Commissioners’ recent national meeting, including climate-related risk, diversity and inclusion, and technological innovation.

  • New Fla. Atty Fee Law May Be Boon To Property Insurers

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    A new Florida law designed to curb property insurance litigation should add some balance to a historically hostile environment for insurers by shifting the onus onto policyholders to prove entitlement to attorney fees, say attorneys at Zelle.

  • Embracing ESG: AIG Counsel Talks SEC Risk Alert

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    As the U.S. Securities and Exchange Commission responds to the changing landscape on environmental, social and corporate governance investing, including with its recent risk alert, it is imperative that the regulator take a measured approach, says Kate Fuentes at AIG.

  • Insurance Commissioner's Agenda: Wis. Tackles Climate Risk

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    Wisconsin Commissioner of Insurance Mark Afable talks about educating consumers on potential climate-risk coverage gaps and mitigation efforts, and encouraging insurers to recognize the latter in underwriting, in the face of increasingly frequent and severe weather disasters.

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