Property

  • August 30, 2022

    SEC Says NC Insurance Execs Stole $75M From Clients

    The U.S. Securities and Exchange Commission filed suit Tuesday against two North Carolina-based insurance executives and their Malta-based registered investment adviser for allegedly defrauding clients out of more than $75 million through undisclosed transactions that only benefited themselves.

  • August 30, 2022

    Virus Exclusion Dooms Philly Bowling Alley's COVID-19 Suit

    A Pennsylvania state judge sided with an insurer a case brought against it by a Philadelphia bowling alley seeking COVID-19-related business interruption coverage, noting the insurer's policy contained an "unambiguous" virus exclusion clause.

  • August 30, 2022

    PHH Mortgage Settles Suit Over Hurricane Damage Payouts

    PHH Mortgage Corp. has settled a lawsuit from a couple who claimed the loan servicer repeatedly failed to deduct from their principal insurance payouts that were not used for repairs to their Florida property, which was damaged during a hurricane.

  • August 30, 2022

    Court Rejects Wash. Insurance Chief's Credit Reporting Rule

    A Washington state judge formally squashed a rule temporarily blocking insurers from using credit history to price policies, finding that state Insurance Commissioner Mike Kreidler didn't have the power to ban the practice.

  • August 29, 2022

    Insurers Can Arbitrate $7.9M In La. Hurricane Damage Claims

    A textile mill must arbitrate with its insurers over nearly $7.9 million in claimed commercial property damages related to hurricanes Laura and Delta, a Louisiana federal court ordered.

  • August 29, 2022

    Deutsche Bank Latest To Win Remand In Title Insurance Suit

    Deutsche Bank can move one of its suits seeking coverage for losses related to foreclosed homes back to state court, a Nevada federal judge ruled, joining most other judges from his district in finding a title insurer's so-called snap removal practice to be improper.

  • August 29, 2022

    Macy's Captive Insurer Freed From $24M Md. Income Tax Bill

    A Macy's captive insurance company is exempt from Maryland corporate income taxes on interest payments received from an affiliate of the retail giant, a state appeals court ruled Monday in canceling a nearly $24 million tax assessment.

  • August 29, 2022

    State Farm Hit With 2 More Suits Over La. Hurricane Damage

    A furniture store and condominium association in Louisiana have sued State Farm Fire and Casualty Co. over damages to their properties sustained from Hurricanes Laura and Delta in 2020, claiming the insurance company failed to pay the full amount needed to cover repairs.

  • August 29, 2022

    Insurer Asks Court To Rethink Its OK Of Ill. Salon's Virus Suit

    West Bend Mutual Insurance Co. asked a federal court Friday to reconsider its decision greenlighting an Illinois hair salon's COVID-19 pandemic business interruption suit, arguing that two recent Seventh Circuit rulings doom the salon's claims.

  • August 29, 2022

    La. Catholic Diocese Seeks $45M For Hurricane Damages

    The National Flood Insurance Program and a private insurer are facing a suit from a Roman Catholic diocese for more than $45 million as a result of unpaid damages from 2020 hurricanes Laura and Delta to 27 different church addresses, according to a Louisiana federal court filing.

  • August 29, 2022

    'Evacuation' Definition Saves Virus Coverage Suit, Panel Says

    A California appellate court resurrected a Los Angeles nail salon's COVID-19 coverage suit against underwriters at Lloyd's of London, finding that local pandemic orders amounted to evacuations under its broad civil authority endorsement.

  • August 29, 2022

    Wash. Builder Sues Insurer In Sewer Project Dispute

    Construction company Flatiron West Inc. has filed a $6 million breach of contract suit in Washington federal court accusing insurance company Assicurazioni Generali SPA of refusing to pay substantial amounts of a claim related to sewage pumps that were damaged during a 2020 King County wastewater treatment project.

  • August 26, 2022

    Attys Say Wash. Justices Opened Door For Virus Coverage

    Despite a unanimous ruling by the Washington Supreme Court against a pediatric dental practice seeking insurance coverage for COVID-19-related losses, attorneys for policyholders said the justices left them a glimmer of hope by creating a potential pathway for some virus coverage cases to succeed.

  • August 26, 2022

    Prior Ruling Ends Ill. Dental Practices' Virus Coverage Dispute

    An Illinois federal judge tossed a COVID-19 pandemic insurance suit from four Chicago-area dental practices, finding their arguments strongly echoed those rejected last year by the Seventh Circuit in a landmark decision.

  • August 26, 2022

    Harvey Loss Not Capped At $4.5M Flood Limit, Panel Says

    A Texas appellate panel agreed with a lower state court that a $4.5 million limit for flood damage doesn't control the amount of coverage a Houston nursing home can receive for the loss of business income after Hurricane Harvey flooded the facility.

  • August 26, 2022

    Golden Corral Wants 4th Circ. To Rehear COVID Coverage Suit

    The national buffet chain Golden Corral asked the Fourth Circuit for an en banc rehearing of its case for pandemic-related insurance coverage, arguing that the phrase "imminent loss" in its $50 million policy with Illinois Union Insurance Co. should cover intangible damages from COVID-19.

  • August 26, 2022

    Uptick In Laura Suits Stresses Mediation Import, Experts Say

    Insurance coverage lawsuits in Louisiana over 2020 hurricane damages have increased considerably as businesses rush to meet two-year suit filing deadlines, emphasizing the importance of mediation programs to avoid overloading the courts, experts say.

  • August 26, 2022

    Hawaii Theater's Virus Coverage Suit Sent Back To State Court

    A Hawaii federal court sent a historic Honolulu theater's COVID-19 pandemic insurance suit against an Allianz unit back to an Aloha State court, finding there was little reason to decide a state law issue for itself.

  • August 26, 2022

    Hartford Wants NY Construction Adviser's Virus Suit Tossed

    Hartford Underwriters Insurance asked a New York federal judge to dismiss a COVID-19 coverage lawsuit from a construction consulting company, arguing that the company didn't allege that anything was physically lost or damaged at its property.

  • August 25, 2022

    University Nonprofits Fight Insurer's Bid To Toss Virus Row

    Two nonprofits that own housing at Indiana University of Pennsylvania pushed back on Utica National Insurance Group's attempt to toss their COVID-19 coverage suit, arguing their claims fall outside a virus exclusion and are sufficient to survive dismissal.

  • August 25, 2022

    Fla. Justices Allow Mintz Truppman To Pursue Fee Fight

    The Florida Supreme Court on Thursday reopened the way for Mintz Truppman PA to pursue a state court lawsuit against Lexington Insurance Co. and Cozen O'Connor over an attorney fee award, ruling that an intermediate appellate court improperly issued a writ prohibiting the suit.

  • August 25, 2022

    Insurers Seek Arbitration In $7.9M Hurricane Damage Suit

    A slew of insurers including certain underwriters of Lloyd's London have urged a Louisiana federal court to compel arbitration and stay legal proceedings in a hurricane damage suit brought by a cotton mill, arguing that the business agreed in its policy to arbitrate any disputes.

  • August 25, 2022

    Northfield Should Defend In Construction Row, Builder Says

    A contractor accused of causing a steel structure to collapse during a construction project urged a Texas federal court to rule that Northfield Insurance Co. should defend it in its arbitration proceedings.

  • August 25, 2022

    Homebuilder Blames Insurer For $16.5M Selling Price Dip

    A California contractor said a luxury home that sold for $23.5 million should have sold for $40 million, but a lawsuit it filed in federal court Wednesday blamed the lower price on QBE Specialty Insurance Co. failing to properly cover damage caused by a wildfire.

  • August 25, 2022

    MLS Team Must Wait For Virus Coverage Ruling From 3rd Circ.

    A Pennsylvania federal judge put a COVID-19 coverage bid by Major League Soccer's Philadelphia Union team against a Chubb unit on hold until the Third Circuit rules on a group of similar suits, finding those cases will provide a quicker view into state law on business interruption claims than waiting for a state high court decision.

Expert Analysis

  • It's Time To Upgrade Our Attorney Licensure Rules

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    The bar exam does a poor job of testing the skills employers expect from new lawyers, and those who pass the bar can practice indefinitely without independent oversight, so states should consider alternative means for assuring competence and personal stability for new as well as experienced lawyers, says David Friedman at Willamette University.

  • Insurer Considerations For Post-Pandemic Virtual Mediation

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    To determine whether to continue engaging in virtual mediations after the pandemic ends, insurers should weigh the format's challenges against its benefits, including decreased hostility between parties, time and cost, and increased client participation, say Jennifer Gibbs and Amanda Rodriguez at Zelle.

  • Data-Based Predictions On Case Timelines After Pandemic

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    Richard Finkelman and Karl Schliep at Berkeley Research Group analyze state and federal court data to pinpoint trends and predict changes in case resolution time frames after the COVID-19 pandemic upended judicial proceedings across the country, and they explain how parties can use these analytics to inform litigation decisions.

  • Embracing ESG

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    In this Expert Analysis series, in-house counsel share how they are adapting to the growing importance of environmental, social and corporate governance factors.

  • The Right Condo Governance Provisions Can Enhance Safety

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    Though condominium and community governance documents cannot prevent a structural failure, such as the Champlain Towers tragedy, developers and their lawyers can draft these documents to better educate board members and remove obstacles to preserving community assets, says Bob Burton at Winstead.

  • Risks To Consider For Commercial Real Estate Gap Closings

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    The use of the gap closing mechanism in commercial real estate transactions — when there is a delay between a purchase and the recording of documents — has been increasing amid the pandemic, but certain complications can arise for buyers when an intervening matter influences a title's quality, says Jennifer Ioli at Sherin and Lodgen.

  • Avoiding Unauthorized Practice Of Law In Remote Work

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    The COVID-19 pandemic has forced many lawyers to telecommute, potentially from home jurisdictions where they are not admitted, raising questions about compliance with states’ unauthorized practice of law mandates — but attorneys can look to rules, advisory opinions and case law for clarity, say Lauren Snyder and Amy Richardson at Harris Wiltshire.

  • NY Ruling Should Make Counsel More Cautious In Emails

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    A recent New York Appellate Division decision, Philadelphia Insurance v. Kendall, makes it much more likely that a settlement could be effectuated by simple email exchanges without more formal written documentation memorializing all the terms of the settlement, says Christopher Gorman at Abrams Fensterman.

  • Where Insurance Coverage For Condo Collapse Gets Murky

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    Property and casualty coverage for the Champlain Towers tragedy may be complicated, since different versions of collapse coverage are found in different policies, both for the individual condo owners and the condominium association, say Glenn Jacobson and Mark Binsky at Abrams Gorelick.

  • Courts Should Heed Contract Law In COVID-19 Physical Loss

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    While a recent Law360 guest article urged courts to adopt the particle theory of coverage in deciding COVID-19-related property loss and damage claims, this approach ignores the intent, function and language of commercial insurance policies — not to mention the science itself, say Adam Fleischer and Elisabeth Ross at BatesCarey.

  • Insurance Brokers Should Expect Wave Of E&O Claims

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    Policyholders' unsuccessful COVID-19 business interruption suits and the pandemic-related move to remote work will likely result in a plethora of errors and omissions claims brought against insurance agents and brokers, as evidenced by recently filed cases, says Peter Biging at Goldberg Segalla.

  • COVID Insurance Rulings Are Misinterpreting 'Physical Loss'

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    Recent court decisions interpreting "direct physical loss" clauses to deny COVID-19 business interruption recovery where the subject property has not been structurally altered contradict the purpose of all-risks insurance, the ordinary meaning of the operative policy language and pre-pandemic case law, says ​​​​​​​Lee Epstein at Flaster Greenberg.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

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