Property

  • January 19, 2024

    State Farm Denied New Coverage Trial Over Atty's Remarks

    State Farm cannot get a new trial after a jury found one of its policyholders suffered permanent injuries from an auto accident, a Florida appeals court ruled Friday, rejecting the insurer's claim that the policyholder's counsel "obliterated" State Farm's witness credibility arguments in a handful of sentences.

  • January 19, 2024

    Appraisal Needed In Restaurant Fire Dispute, Mich. Court Says

    A dispute over a restaurant's coverage claims for more than $44,000 in damages following a 2021 kitchen fire must go to an appraiser, a Michigan appellate panel affirmed.

  • January 19, 2024

    Insurer Says Wash. Judge Must Alter COVID Coverage Ruling

    A Liberty Mutual unit asked a Washington state judge to alter his ruling of this month that the University of Washington established a plausible claim to recover losses from the COVID-19 pandemic, arguing that the decision ignores key differences among the university's policies. 

  • January 19, 2024

    Proposed $350B Federal Reinsurance Program Draws Scrutiny

    A proposed national reinsurance program lacks important details for legislation that would dramatically change the federal government's role in insurance markets, experts said, while offering competing ideas about whether such a program is needed at all.

  • January 19, 2024

    Insurer Resolves Damaged Goods Coverage Row Out Of Court

    An insurer abandoned its request in New York federal court for a second shot at freeing itself from defending a warehouse over a stored merchandise dispute, instead resolving the issue outside of court and stipulating the case's dismissal after months of delays.

  • January 18, 2024

    Biz, Insurer Settle $10.5M Military School Construction Dispute

    A contractor and its insurer have settled a $10.5 million lawsuit seeking coverage for shoddy construction work on a school on a military base, according to a joint statement Thursday in Maryland federal court.

  • January 18, 2024

    Split Wash. Justices Say Colleges' COVID Suit Can Proceed

    A 6-3 Washington Supreme Court affirmed Thursday a ruling refusing to dismiss a coverage action lodged by 60 higher learning institutions against 16 insurers for losses caused by the COVID-19 pandemic, finding their policies provide a choice of forum clause that allowed them to file suit in any competent court.

  • January 18, 2024

    Yacht Owner Demands Insurer Cover $240K Engine Rebuild

    The owner of a $3.5 million yacht told a Florida federal court Thursday that its insurer breached its contract by failing to pay for more than $240,000 in water damage to its engine.

  • January 18, 2024

    Condos Seek Fees After Empire's Anti-Appraisal Quest Fails

    A pair of storm-damaged Florida condos asked the Eleventh Circuit to make Empire Indemnity Insurance Co. pay its legal fees of over $25,000 after a panel refused jurisdiction in one of the insurer's many ongoing battles against hurricane damage appraisal in the state.

  • January 18, 2024

    Fla. Condo Says Insurer Must Hand Over $3.3M Irma Award

    A Florida condominium association urged a federal court to force its insurer to pay nearly $3.3 million owed under an appraisal award for Hurricane Irma damage, a sum the insurer argued improperly included losses from Hurricane Ian.

  • January 18, 2024

    Insurers, Flooring Co. Notch Partial Win Over Gym Fire Suit

    A high school that accused a flooring company of causing a gym fire cannot seek damages related to gym improvements, higher insurance costs and mental anguish, a Louisiana federal court ruled, stopping short of deciding whether the school retains standing to sue the company or the company's insurers to begin with.

  • January 17, 2024

    Rented Lamborghini Not Covered For $200K Crash Into Tree

    A New Jersey federal judge on Wednesday granted California Casualty & Fire Insurance Co.'s request for a declaration that the insurer does not have to cover damages for a totaled $200,000 Lamborghini that was crashed while rented, finding that the insurer's policy excludes coverage for the car.

  • January 17, 2024

    Wash. Law Firm Says Travelers Must Cover Employee Theft

    Seattle law firm Karr Tuttle Campbell has sued Travelers Indemnity Company of Connecticut in Washington federal court, accusing the insurer of violating the state's consumer protection law by denying coverage after a former firm employee allegedly made $136,000 in unauthorized charges on a credit card.

  • January 17, 2024

    Ind. Court Reverses Banquet Hall's Fire Coverage Win

    A scorched Indiana banquet hall isn't entitled to $1 million in income protection under its commercial insurance, a state appeals court panel found, unanimously reversing a trial court's ruling because unambiguous policy language precluded the extra coverage.

  • January 17, 2024

    Insurers Resist Defense Demands From Pulte Build Flaws

    An insurance company wants a jury trial after facing a lawsuit along with 18 others in Arizona federal court from an affiliate of homebuilder Pulte to compel coverage for claims of construction deficiencies on an Arizona master-planned development.

  • January 17, 2024

    Barge Co. Says Insurer Reneged On Superfund Suit Coverage

    A Washington barge company said its insurer owes it coverage for legal expenses in an underlying lawsuit claiming the company is liable for environmental pollution at an Oregon Superfund site, according to a complaint moved to federal court Tuesday.

  • January 17, 2024

    Insurer Owes $900K In Coverage For Mold Cleanup, Court Told

    A contractor told a North Carolina federal court that its insurer wrongly denied coverage for nearly $900,000 in mold remediation expenses it incurred on a building project, asserting that the insurer conflated its standalone environmental legal liability policy with a different policy.

  • January 17, 2024

    Kan. Judge Trims Misrepresentation Claims Against Adjuster

    A Kansas federal judge significantly narrowed an office building owner's negligent misrepresentation claim against a third-party adjuster for AmGuard, finding the company did not show evidence for most of the alleged falsehoods.

  • January 17, 2024

    Fla. Contractors May Get Another Chance In Malpractice Suit

    A Florida storm-damage contractor should get "one last chance to file a proper complaint" in a $1 million dispute over a soured relationship between the business and its lawyers, a Florida federal judge recommended Tuesday.

  • January 16, 2024

    Sports Co. Wants Coverage Apart From CEO Accused Of Rape

    A sports equipment company asked a Washington federal judge Tuesday not to conflate it with its CEO when determining whether to allow an insurer to escape defending the leader and his company against underlying sexual assault allegations.

  • January 16, 2024

    Assurant Unit Escapes NC Brewery's Flood Insurance Suit

    A North Carolina federal judge dismissed an Assurant unit from a brewing company's National Flood Insurance Program coverage suit, finding Tuesday that the brewery had no valid claim for damage to a building that was not insured under its policy.

  • January 16, 2024

    Cement Co. Rips Insurer Bid To Slip Demurrage Fee Coverage

    A Houston-based cement supply company challenged Liberty Mutual's attempt to avoid paying coverage for more than $780,000 in demurrage charges incurred during cleanup of a shipping mishap, telling a Louisiana federal court the charges are a proper expense under a so-called sue and labor clause.

  • January 16, 2024

    Coverage Case Over Defective Miami Highway Heads To Trial

    A joint venture tasked with a Miami bridge and highway project will have its day in court against an insurer that refused to cover more than $3.6 million in construction defects, a Florida federal court found.

  • January 16, 2024

    ​​​​​​​24 Hour Fitness Asks To Keep COVID Coverage Claims Alive

    Gym chain 24 Hour Fitness has urged a Delaware bankruptcy judge to not dismiss the adversary proceedings in its Chapter 11 case seeking insurance coverage for the shutdown of the company's fitness clubs during the COVID-19 pandemic, opposing motions for summary judgment leveled by an Allianz subsidiary and other insurers.

  • January 16, 2024

    Condo Assn., Nationwide Units Settle $2.5M Coverage Row

    A Seattle-area condo association has told a Washington federal court it reached a settlement with a group of Nationwide units, ending its bid to get more than $2.5 million in coverage for hidden water damage discovered throughout its complex.

Expert Analysis

  • 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

    Excerpt from Practical Guidance
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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.

  • How Ohio Software Ruling Implicates Crypto Insurance Claims

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    The Ohio Supreme Court's recent decision in EMOI Services v. Owners Insurance, holding that software can never be physically damaged, has limited precedential value for property claims, but serious implications for cases involving loss or damage to intangible assets like cryptocurrency and non-fungible tokens, say Jane Warring and Shannon O’Malley at Zelle.

  • Courts Should Reject Mandatory Arbitration In Insurance Suits

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    The case of Friends of Young Audiences v. Certain Underwriters, currently before a Louisiana federal court, is one of several pending opportunities for courts to support policyholder rights by declining to enforce mandatory arbitration provisions in insurance contracts, say Christopher Kuleba and Maria Castro Sanchez at Reed Smith.

  • What To Expect In Builder's Risk Insurance Claims In 2023

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    The builder's risk insurance industry is in store for more complex claims this year due to rising interest rates, labor and materials volatility, and externalities complicating project scheduling, say Jane Warring at Zelle and Michael Haugen at J.S. Held.

  • Learning From This Year's Legal Industry Discrimination Suits

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    To limit the risk of lawsuits and make the workplace a more welcoming environment for female attorneys, it is important to reflect on lawyers' recent discrimination and sexual harassment claims against law firms and public employers, says Hope Comisky at Griesing Law.

  • More Stringent Calif. Claim Law Could Benefit Policyholders

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    Although a new California statute that imposes additional requirements for policyholder presuit demands — effective Jan. 1 — was ostensibly passed as a bad faith liability shield for insurers, used correctly it may provide a more specific road map for plaintiff recovery, says Shanti Eagle at Farella Braun.

  • Hard Insurance Market Will Influence Legal Industry, Economy

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    As the cost of claims starts to outstrip the value of premiums, insurers are denying more claims and considering scaling back coverage, leading to an influx of legal work and potential holes in the market, says Bruce Hepburn at Mactavish.

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