Property

  • July 18, 2024

    Towers Watson's Bump-Up Appeal Lifts Policyholder Hopes

    Towers Watson's request that the Fourth Circuit reject a lower court decision freeing its insurers from paying out $54 million in directors and officers coverage has raised policyholders' hopes that a favorable ruling will clarify the reach of so-called bump-up exclusions.

  • July 18, 2024

    Tobacco Cooperative's $10M Coverage Suit Trimmed

    A North Carolina federal court pared down a tobacco cooperative's suit accusing its excess insurer of wrongfully refusing to pay up to the full $10 million policy limit for defense and settlement costs associated with underlying suits brought by member growers.

  • July 18, 2024

    Split 9th Circ. Panel Backs Restoring DHS Bond Rule

    A Ninth Circuit panel upheld a Department of Homeland Security rule barring some immigration surety firms from posting bonds for detained border-crossers Thursday, saying the rule's 2021 ratification by current Homeland Security Secretary Alejandro Mayorkas cured any defects with its original introduction in 2020.

  • July 18, 2024

    9th Circ. Weighs Nevada High Court Cert. In Subrogation Suit

    The Ninth Circuit on Thursday suggested it might certify a question to the Nevada Supreme Court over whether an insurer can subrogate against another carrier if an underlying, covered settlement doesn't exceed their combined limits, questioning the extent they should be persuaded by two unpublished Nevada Supreme Court decisions.

  • July 18, 2024

    Vineyard Says Insurer Owes Coverage For $50M Of Bad Wine

    A vineyard is blaming its excess insurer for refusing to contribute to a settlement after an underlying lawsuit asserted more than $50 million in claims against it for allegedly damaging over 300,000 cases of wine, according to a case moved to Washington federal court.

  • July 18, 2024

    FEMA Flood Standard A Step In Right Direction, Experts Say

    The Biden Administration's decision last week to continue implementing a stronger flood protection standard is being welcomed by experts as a way to improve resiliency, even though the rule likely won't have a significant direct effect on flood insurance.

  • July 18, 2024

    Former Md. Insurance Head Reflects On Return To DLA Piper

    Kathleen Birrane returned to DLA Piper to lead the firm's U.S. insurance regulatory practice after four years as Maryland's insurance commissioner, resuming her role in private practice with years of experience working across state and international lines on emerging issues. Law360 spoke with Birrane by email about her career.

  • July 18, 2024

    Insurance Litigation Week In Review

    An Amazon insurer was given the green light to pursue its subrogation claims, a former Georgia insurance commissioner was sentenced to 3½ years for his kickback scheme, 3M couldn't get a quick win in its combat earplugs multidistrict litigation coverage dispute, and an electronics components maker lost its $100 million COVID-19 coverage appeal. Here, Law360 takes a look at this week's top insurance news.

  • July 18, 2024

    Ga. Mineral Co. Can't Nab Win In Row Over Talc Suit Coverage

    A Georgia federal judge declined to grant a win to a mineral products company trying to compel a Travelers unit to defend it against an underlying suit claiming that it supplied asbestos-containing talc products.

  • July 17, 2024

    Conn. Enacts Legislation To Support Captive Insurers

    Connecticut Gov. Ned Lamont signed into law an act aimed at furthering the state's commitment to the captive insurance industry, building upon the legislative efforts of recent years that have positioned Connecticut as the leading domicile for captives.

  • July 17, 2024

    U. Miami Climate Leader Sees Chance For Innovation

    With Miami often called the "ground zero" of the climate change crisis, the University of Miami in 2022 launched a Climate Resilience Academy to coordinate an interdisciplinary response. Nearly a year into his tenure, its leader reflects on the opportunity for midsize city innovation in infrastructure in the face of climate challenges.

  • July 17, 2024

    Md. Justices Say Amazon Insurer Can Pursue Subrogation

    An insurer for Amazon can continue to pursue subrogation against subcontractors for a Baltimore warehouse construction project, the Maryland Supreme Court unanimously ruled, after the insurer said it covered Amazon for over $50 million worth of damage caused by severe weather.

  • July 16, 2024

    AIG Unit Must Face Mall's COVID-19 Coverage Claims

    An AIG unit must face claims that it is liable for a mall operator's losses from rent abatement agreements entered into with tenants during the COVID-19 pandemic, a California federal court ruled, also finding a material dispute about whether the policy's contamination exclusion bars coverage for pandemic-related losses.

  • July 16, 2024

    The 2024 Diversity Snapshot: What You Need To Know

    Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.

  • July 16, 2024

    These Firms Have The Most Diverse Equity Partnerships

    Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.

  • July 15, 2024

    Resort Owner Seeks Arb. In Storm Damage Insurance Row

    A resort owner seeking to arbitrate its $55 million storm damage claim told a Hawaii federal court that its insurers can't litigate in New York federal court since its policies contain a "mishmash" of forum selection requirements, while the insurers separately countered that arbitration still can't happen yet.

  • July 15, 2024

    Towers Watson Asks 4th Circ. To Find Merger Dispute Covered

    Towers Watson's insurers must pay out $54 million in remaining directors and officers coverage to help fund a $75 million settlement in a shareholder suit over the company's merger with Willis, Towers Watson told the Fourth Circuit, saying a so-called bump-up exclusion does not apply.

  • July 15, 2024

    Casino Owner Says Insurer Must Face $130M COVID Loss Suit

    A casino operator with properties on the Las Vegas strip and beyond asked a Nevada federal judge to keep its $130 million COVID-19 pandemic loss coverage suit alive, arguing that its insurer presented no valid reason to end the dispute.

  • July 12, 2024

    Law360 Names 2024's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.

  • July 11, 2024

    Allstate Must Face Deflated Payments Suit, Judge Rules

    Allstate cannot escape a proposed class action accusing the insurer of wrongfully depreciating labor costs as part of actual cash value payments to insureds for property damage, an Arizona federal judge ruled, finding that the named plaintiff didn't lack standing and that her claims weren't time-barred.

  • July 11, 2024

    NY Tells Insurers To Test AI For Discrimination Before Use

    New York has set a high bar for insurers' artificial intelligence systems, recommending Thursday that they avoid the technology for underwriting or pricing unless they determine the systems and their underlying data are compliant with consumer protection laws.

  • July 11, 2024

    The Top Property Insurance Decisions of 2024 So Far

    Two major state supreme court decisions on insurance coverage for pandemic losses and a Colorado ruling on whether policyholders can be excused for making late homeowners claims are among the top property insurance decisions of 2024 so far.

  • July 11, 2024

    9th Circ. Won't Cancel Chubb's 'Morning Show' COVID-19 Win

    The Ninth Circuit affirmed a lower court's ruling Thursday that a Chubb unit does not owe the production company behind "The Morning Show" $44 million in pandemic-related losses, ruling that the policy's provision for "imminent direct physical loss or damage" did not apply to the "potential presence" of coronavirus in the facility.

  • July 11, 2024

    9th Circ. To Weigh When Inter-Insurer Subrogation Is Allowed

    The Ninth Circuit next Thursday will hear oral arguments on whether an excess insurer can recoup from a primary insurer its $4 million share of a $5 million wrongful death settlement, even though the total settlement sum did not exceed the insurers' combined policy limits.

  • July 11, 2024

    Syracuse Diocese To Notice Creditors On Ch. 11 Releases

    Lawyers for the Diocese of Syracuse said they've come up with a process to collect creditor consent for third party releases in an already voted on reorganization plan, telling a New York bankruptcy judge Thursday the approach will hopefully head off confirmation issues after the U.S. Supreme Court struck down nonconsensual third party releases in Chapter 11 plans.

Expert Analysis

  • How Cannabis Cos. Can Comply With NJ Industrial Site Law

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    As New Jersey’s recreational cannabis market flourishes, manufacturers that may be subject to a state environmental law must take extra precautions to mitigate potential liabilities and costs, including for historical contamination, says Matthew Karmel at Offit Kurman.

  • As EVs Surge, Regs For Charger Warranties Remain Murky

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    Even as electric vehicles move rapidly into the mainstream, extended warranties for EV chargers do not always fit clearly into existing regulatory categories — but how such contracts are classified can have serious implications for the companies that issue and sell them, say attorneys at Locke Lord.

  • Tips For Plaintiffs Attorneys Ahead Of Expanded Fire Season

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    With the expansion of fire season — both in length of time and geography — plaintiffs lawyers can expect fire-related litigation to increase this coming year and need to prepare themselves and their clients for claims that are complex, time-consuming and costly, says Gerald Singleton at Singleton Schreiber.

  • Establishing A Record Of Good Faith In Mediation

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    Viacom v. U.S. Specialty Insurance, and other recent cases, highlight the developing criteria for determining good faith participation in mediation, as well as several practical tips to establish such a record, says Richard Mason at MasonADR.

  • Using ChatGPT To Handle Insurance Claims Is A Risky Move

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    ChatGPT gets some insurance law questions surprisingly wrong, and while it handles broader coverage concepts significantly better, using it to assist with coverage questions will likely lead to erroneous results and could leave insurers liable for bad faith, says Randy Maniloff at White and Williams.

  • Insureds Must Prep For Drought-Related Service Interruptions

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    Amid the ongoing U.S. water crisis, corporate policyholders must prepare for the emerging risk of service interruption property damage and time element loss, including through careful examination of their current and renewal property policies, says Micah Skidmore at Haynes Boone.

  • Fla. Bill Would Rein In Personal Injury Litigation Excesses

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    A recently proposed bill in the Florida House that would change bad-faith laws and the admissibility of medical bills for services performed under a letter of protection would provide reasonable checks on practices that are far too common in personal injury cases in the Sunshine State, say attorneys at Baker Donelson.

  • A Missing Issue In 'Blank Space' Insurance Ruling

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    As Norwegian Hull Club v. North Star heads to trial in Florida federal court, the most interesting part of the court opinion denying summary judgment is the argument it doesn't address — contra proferentem, which could have been used to resolve the case's blank space ambiguity in the policyholder's favor, say Jeffrey Mikoni and Scott Greenspan at Pillsbury.

  • High Court Ax Of Atty-Client Privilege Case Deepens Split

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    The U.S. Supreme Court's recent dismissal of In re: Grand Jury as improvidently granted maintains a three-way circuit split on the application of attorney-client privilege to multipurpose communications, although the justices have at least shown a desire to address it, say Trey Bourn and Thomas DiStanislao at Butler Snow.

  • Wis. High Court Ruling May Open Door To Coverage Exception

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    The Wisconsin Supreme Court’s recent decision in Dostal v. Strand finding that an insurer had to defend a civil action following the defendant's criminal conviction on the same facts nonetheless may suggest an exception to the complaint test for determining an insurance company's defense obligation, say David Hollander and Clementine Uwabera at Stafford Rosenbaum.

  • Trial Lawyers Rejoice: Justices May Clarify Issue Preservation

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    The U.S. Supreme Court's recent grant of certiorari in Dupree v. Younger should be a boon to trial and appellate lawyers as the decision will likely standardize a rule for appellate issue preservation, bringing much-needed clarity to an area critical to general litigation success, says Jeremy Christiansen at Gibson Dunn.

  • Minimizing Landlord Exposure To NY's Gray Cannabis Market

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    As New York rolls out its legal adult-use cannabis regime, landlords renting to as-yet unlicensed cannabis establishments may face liability under two statutes — but a few commonsense steps can help protect them from this risk, say attorneys at Carter Ledyard.

  • Cultivating Good Relationships With Insurance Regulators

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    Insurers can develop mutually beneficial working relationships with insurance regulators by following some simple tips for streamlining communication, knowing how and when to ask for help, and treating regulatory staff with professional courtesy, says Layna Rush at Baker Donelson.

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