Property

Expert Analysis

• Recent State Rulings Buck Trend In COVID Insurance Disputes

  

  For the last two years, policyholders have been mostly unsuccessful in arguing that commercial property policies should cover losses suffered due to the COVID-19 pandemic, but a trio of recent state court decisions suggests that the pendulum may swing in policyholders' favor, say attorneys at Reed Smith.

• NY Waterborne Property Ruling Is A Warning To Policyholders

  

  A New York state court's recent decision in Mill Basin v. Markel, adopting an expansive interpretation of a waterborne exclusion, is a reminder to policyholders that courts may rule against them even when case law and insurance principles are seemingly in their favor, say Catherine Doyle and Caroline Meneau at Jenner & Block.

• 2 Reasons Why Ill. Virus Coverage Ruling Is Significant

  

  An Illinois federal court's recent decision in Dental Experts v. Massachusetts Bay Insurance is especially useful due to the scarcity of relevant pandemic-related business interruption case law involving first-party policies, and because it clarifies how the cause test should be applied in similar cases, say Christopher Kuleba and Adrienne Kitchen at Reed Smith.

• Tracking Class Certification Changes, 1 Year After TransUnion

  

  In the year since the U.S. Supreme Court's TransUnion v. Ramirez decision, defense lawyers have invoked it as support for denying class certification or decertifying classes — but an analysis suggests that the main impact of the ruling has simply been closer scrutiny of class definitions by district courts, say James Morsch and Jonathan Singer at Saul Ewing.

• What's At Stake In Fla. Insurance Appraisal Case

  

  The Florida Supreme Court's decision in Weston Property & Casualty Insurance v. Riverside Club Condominium Association, determining whether trial courts should have discretion to sequence appraisal and fraud in insurance disputes, will influence how claims are handled on a national basis, say attorneys at Reed Smith.

• Hurricane Insurance Prep Is Key For Fla. Condos And HOAs

  

  As this year's hurricane season gets underway, Florida associations for homeowners, condos and communities should review their insurance policies and protocols in advance of potential inclement weather, says Kelly Corcoran at Ball Janik.

• Property Insurance Coverage Can Hinge On 'Riot' Or 'Protest'

  

  As protests erupt across the U.S. in response to the U.S. Supreme Court overturning Roe v. Wade, Alycen Moss and Elliot Kerzner at Cozen O'Connor examine important property insurance questions that depend on whether a gathering of people is classified as a protest or a riot.

• Lessons From Calif. Liability Claim Recoupment Ruling

  

  A recent California federal court decision in Evanston Insurance v. Winstar Properties illustrates the perils of insurer recoupment and underscores the importance of assessing recoupment rights, if any, throughout the claims process, say Geoffrey Fehling and Veronica Adams at Hunton.

• Recent Decisions Are Eroding All-Risk Insurance Coverage

  

  All-risk insurance coverage is under siege by insurers' broad interpretations of established exclusions, and recent decisions in New Jersey and New Hampshire have shown that courts may not protect coverage despite the policies' text and intent, says Nicholas Insua at Reed Smith.

• Exploring Calif. Wildfire Insurance's Legislative Landscape

  

  As California wildfire season approaches, elected officials and insurance companies continue to face the task of finding long-term solutions, including an increasingly important role for mitigation efforts by individual homeowners and business owners in order to protect their property, say Jan Larson and Jenna Conwisar at Jenner & Block.

• COVID Coverage Cases Conflict With Insurer Documentation

  

  A look at three court cases highlights a gap between successful insurer arguments made in litigation about policy text and the insurance industry's own understanding of the potential for property damage and business interruption coverage of virus- and disease-related claims, say professors at UConn, the University of Nevada and Queen's University.

• Pandemic Losses Do Not Trigger Biz Interruption Coverage

  

  Although Law360 has reported that there may be hope for policyholders seeking property insurance coverage for pandemic-related losses, basic contract principles and overwhelming case law show the opposite, say attorneys at Dentons.

• 2 Calif. Insurance Decisions Question Boundaries Of Fortuity

  

  Last month, California state and federal courts revisited fortuity issues in two decisions that show how the occurrence requirement and the California Insurance Code's prohibition on coverage for an insured's willful acts can be exceedingly difficult to apply to lawsuits alleging novel legal theories, say Jodi Green and Sophia von Bergen at Miller Nash.