Property

  • 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.

  • August 25, 2022

    SoCal Edison Seeks Coverage For LA Wildfire Suits

    Southern California Edison Co. is entitled to insurance coverage for two dozen underlying actions alleging that it contributed to the Bobcat wildfire that swept through Los Angeles County in 2020, the utility company argued in a suit removed to California federal court this week.

  • August 25, 2022

    Wash. Justices Find Losses From Virus Orders Not Covered

    The Washington Supreme Court unanimously decided in a closely watched case Thursday that a pediatric dental practice wasn't entitled to insurance coverage for its COVID-19-related losses.

  • August 24, 2022

    Biz Groups Ask Texas Justices To Nix Insurers' Claims Edge

    Several Texas industry groups asked the state's high court to end a legal precedent they said has put policyholders at a unique disadvantage for decades, arguing in an amicus brief that legislators' attempts to fix the issue have gone ignored by the courts.

  • August 24, 2022

    La. Hotel Owner Says Insurer Hasn't Paid For Laura Damage

    The owner of a Quality Suites hotel in Louisiana has accused its insurer in federal court of failing to pay for extensive damage stemming from Hurricane Laura, saying the business is owed for structural losses caused by the storm that unleashed record-breaking winds.

  • August 24, 2022

    Western Union's COVID-19 Coverage Bid Ends With Exclusion

    A contamination and pollution exclusion prevents coverage for The Western Union Co.'s COVID-19-related losses, a Colorado federal judge said Wednesday, dismissing the money-transfer company's suit against a Chubb unit.

  • August 24, 2022

    Condo Group Asks NC Justices To Mull Fire Coverage Ruling

    A condominium association urged the North Carolina Supreme Court to rethink a ruling that partially favored a resident who sued in the wake of a building fire, saying the state appellate court wrongly determined that the group's insurance declaration was unambiguous about its obligations to repair unit interiors.

  • August 24, 2022

    Homeowners Sue Insurer Over Hailstorm Damage Coverage

    An Iowa homeowners association on Wednesday accused American Family Mutual Insurance Co. SI of not providing enough coverage for a major hail and windstorm that damaged 19 buildings in a West Des Moines neighborhood.

  • August 24, 2022

    Builder's 'Soft Costs' Coverage Bid Can Proceed, Judge Rules

    Homebuilder KB Home has provided enough evidence to potentially persuade a jury that construction delays due to rainstorms in January 2017 caused it to suffer "soft costs" like extra advertising expenses and interest on borrowed funds, a California federal judge ruled, allowing its suit against a Chubb unit to proceed.

  • August 24, 2022

    Zurich, SafePoint Latest To Be Hit With Laura Claims

    Zurich American Insurance Co. and SafePoint Insurance Co. were hit with Hurricane Laura damage lawsuits, joining several other insurers facing litigation related to the storm over the past week as Louisiana's deadline to file claims looms.

  • August 24, 2022

    Insurer Accused Of Manipulating Prices In Hurricane Suit

    A Louisiana property owner says Mesa Underwriters Specialty Insurance Co. negligently misrepresented and breached its policy by failing to properly cover hurricane damage in a federal lawsuit filed on Tuesday, claiming the insurer used its pricing software to manipulate the cost of repairs.

  • August 24, 2022

    Portland Restaurants Should Lose Virus Suits, Judge Says

    An Oregon federal judge recommended that COVID-19 coverage lawsuits from three restaurants against Cincinnati Insurance Co. be dismissed, finding that the Portland businesses' losses were economic.

  • August 24, 2022

    2 Suits Claim Insurer Misrepresented Hurricane Damage

    Two Louisiana property owners claim to have hired insurance adjusters that found "significantly more damage" caused by Hurricane Laura and Hurricane Delta than what Scottsdale Insurance Co. documented, according to lawsuits filed in federal court Tuesday.

  • August 23, 2022

    In-N-Out Asks 9th Circ. To Revive COVID Row Against Zurich

    The American western burger chain In-N-Out asked the Ninth Circuit to reinstate its COVID-19 coverage case against Zurich American Insurance Co., using a recent state appellate court opinion in a similar case to bolster its demands for payment for pandemic-related losses.

  • August 23, 2022

    Insurer Says Washington State Condo Knew Of Old Damage

    Country Casualty Insurance Co. is asking a federal judge in Washington state to dismiss a condo association's breach of contract claim, saying the association knew about exterior damage to condo units at the 40-year-old property years before it sued for coverage.

  • August 23, 2022

    3 Insurers Accused Of Contract Breach Over Hurricane Laura

    Two hotels and a strip mall in Louisiana filed lawsuits in Bayou State federal court against three different insurers, accusing each of breaching contracts by failing to cover damage from Hurricane Laura.

  • August 23, 2022

    6th Circ. Calls For Prorated Property Damage Coverage

    The Sixth Circuit ruled that Liberty Mutual Fire Insurance Co. isn't obligated to solely provide coverage for a business's property damage, saying both the tenant's insurer and landlord's insurer must cover the loss at an amount to be prorated by a Tennessee federal judge.

  • August 23, 2022

    La. Hotels Blame Starr For Delaying Hurricane Laura Coverage

    Two Louisiana hotels pummeled by Hurricane Laura in 2020 said their insurer, Starr Surplus Lines Insurance Co., should have known state law required it to pay undisputed portions of a claim swiftly, even if some aspects of the claim were still being contested, according to their federal complaints.

  • August 23, 2022

    Munich Re Says Insurer Can't Dodge Suit Over Tainted Wine

    A Munich Re unit pushed back on Fireman's Fund Insurance Co.'s attempt to escape its suit over reimbursement for contaminated wine, telling a Washington federal court that the parties still disagree on the facts of the case.

  • August 23, 2022

    Insurers Want Hotel's COVID-19 Suit Tossed, Not Paused

    The insurers of a New Jersey hotel chain asked a federal judge to dismiss the chain's COVID-19 coverage suit, arguing that Garden State law is clear on the issue.

  • August 23, 2022

    These Firms Have The Most Women In Equity Partnerships

    Law firms still have a long way to go when it comes to closing the gender gap, particularly at the top. But at these firms, women have made inroads into the upper ranks, and are smashing the glass ceiling that has long kept women from making it into leadership roles.

  • August 22, 2022

    Insurer Hit With Suit Over Condo Damage From Hurricane Irma

    American Coastal Insurance Co. should cover damage to a Florida condominium complex caused by Hurricane Irma in 2017, a new federal lawsuit argues. 

Expert Analysis

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

    Author Photo

    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.

  • Courts Should Defer To Science On COVID-19 Physical Loss

    Author Photo

    As litigation of pandemic-related business interruption claims continues nationwide, the insurance carriers and courts adopting the most conservative interpretation of "physical loss or damage" — the basic trigger for business interruption coverage — are making erroneous assumptions about a complex physical phenomenon, says Micah Skidmore at Haynes and Boone.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

    Author Photo

    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • Embracing ESG: Cigna Counsel Talks Employee Wellness

    Author Photo

    Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

  • Hybrid Work Models Are Key To Gender Parity In Law Firms

    Author Photo

    To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

  • An Insurer's Guide To Policyholder Bankruptcy

    Author Photo

    Given the increased likelihood of policyholders filing bankruptcy petitions in the wake of the pandemic, insurance professionals must be aware of five basic principles when dealing with an insured in bankruptcy, says Eric Fitzgerald at Goldberg Segalla.

  • Attorneys Beware: Zoom Depositions Are Likely Inadmissible

    Author Photo

    As legal proceedings have moved online in light of the pandemic, lawyers may mistakenly believe that recorded Zoom video depositions can be entered as evidence, but without certain safeguards, the testimony is unlikely to be accepted by courts, says Phillip Zisook at Schoenberg Finkel.

  • NJ Policyholders Could Still See Recovery For COVID Losses

    Author Photo

    Although New Jersey state and federal courts have decided the majority of dispositive motions in COVID-19 business interruption insurance cases in favor of insurers, policyholders retain a plausible path to recovery depending on the nature of their loss and the precise policy language at issue, say Lee Epstein and Matthew Goldstein at Flaster Greenberg.

  • COVID Rulings May Support Ransomware Insurance Denials

    Author Photo

    A recent spate of pandemic-related insurance decisions — where federal courts found that a temporary inability to use property doesn't qualify as physical loss or damage for coverage purposes — may be used as favorable precedent by cyber insurers denying ransomware loss claims for temporary inability to access data, say Thomas Caswell and Peter Kelly Golfman at Zelle.

  • 3 Risk Management Lessons From Pandemic Insurance Wars

    Author Photo

    As appellate decisions in COVID-19 business interruption insurance claims continue to clarify the state of the law, there are some things that policyholders' lawyers and risk managers can do in the meantime to help prepare for future unforeseen events affecting coverage, says Peter Halprin at Pasich.

  • Why Legacy Insurance May Not Protect Adopters Of Bitcoin

    Author Photo

    Evidenced by El Salvador's adoption of the Bitcoin standard this week, there is an emerging need for insurance products to cover the risk of owning and holding the digital asset, as it may not fall into the protected categories in legacy insurance products, say attorneys at Mound Cotton.

  • Ill. BIPA Ruling Marks Critical Win For Silent Cyber Coverage

    Author Photo

    The Illinois Supreme Court's recent decision in West Bend Mutual v. Krishna Schaumburg Tan, confirming that commercial general liability policies do not have to include specific language to cover claims under the Biometric Information Privacy Act, represents a critical victory for policyholders, but leaves unresolved issues in the battle over BIPA coverage, says Tae Andrews at Miller Friel.

  • NY Badly Needs Bad Faith Bill To Hold Insurers Accountable

    Author Photo

    Contrary to a recent Law360 guest article that contends New York state's insurance reform bill would unfairly tip the scales against insurers, Edward Steinberg at the New York State Trial Lawyers Association argues the law is necessary to hold insurers accountable for acting in bad faith, and would protect policyholders and injured parties alike.

Can't find the article you're looking for? Click here to search the Insurance Authority Property archive.