Property

  • 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.

  • January 12, 2024

    Farmers Must Arbitrate $2M Row Against Insurer, Judge Rules

    A Michigan federal judge dismissed a pair of farmers’ claims against two insurers and the United States Department of Agriculture, stating that the claims suffer from “numerous threshold issues,” ordering one insurer to move forward with arbitration with the farmers a $2 million insurance claim.

  • January 12, 2024

    Travelers Says No Indemnity For HVAC Co. In Defect Suit

    A Travelers unit told a California federal court Friday that it has no duty to indemnify an HVAC company in a dispute over defects at a San Francisco apartment building alleged by the property owner, citing a number of policy exclusions.

  • January 12, 2024

    Insurer Seeks To Toss Challenge To Bombing Coverage Award

    A Nashville, Tennessee, property owner can't proceed with an amended suit claiming an umpire's bias invalidates an appraisal award in a coverage dispute over damage caused by a Christmas Day bombing in 2020, a Zurich unit told a federal court, saying the company failed to state a claim for relief.

  • January 12, 2024

    Allstate Gets Confidentiality In $3M Hidden Rain Damage Suit

    Allstate's trade secrets and other documentation will be protected from public view after a Washington federal court approved a confidentiality agreement covering information that might be revealed in a $3.2 million coverage suit over hidden rain damage to condominiums.

Expert Analysis

  • 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.

  • Check This List Twice: 4 Steps To Abate Coverage Concerns

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    This holiday season give your company the gift of following easy administrative steps to avoid the far-too-common clerical errors that could lead to forfeited insurance coverage, say Vivek Chopra and Mattison Kim at Perkins Coie.

  • Lessons On Notice From 7th Circ. Claims-Made Policy Ruling

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    The Seventh Circuit's recent decision in Hanover Insurance v. R.W. Dunteman contains broad lessons for policyholders — as many claims-made policies include similar aggregation and claims notice provisions as the one at issue — on how to preserve coverage, say Brian Scarbrough and Maura Smyles at Jenner & Block.

  • Fla. Insurance Suit Trends To Look Out For After Hurricane Ian

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    There will likely be tens of thousands of property insurance lawsuits filed in the wake of Hurricane Ian, and carriers and insureds will need to view claims through Florida's Valued Policy Law, the concurrent cause doctrine and anti-concurrent cause provisions, say David Levin and Spencer Leach at Baker Donelson.

  • Property Policies Could Cover Organized Retail Crime Losses

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    Following a recent surge in organized retail crime, policyholders can look to case law that suggests they may be able to skirt property policy loss exclusions if they can produce evidence of theft, says Micah Skidmore at Haynes Boone.

  • Policyholders Are Not To Blame For Social Inflation

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    As part of the controversial assertion that insurers are facing an unprecedented increase in claims costs due to so-called social inflation, a recent Law360 guest article argued that policyholders contribute to social inflation and are therefore responsible for remedying it, but these accusations are unsupported by empirical data, says Benjamin Tievsky at Pillsbury.

  • How A Publication Request Helped Shape COVID Case Law

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    More than a decade after MRI Healthcare v. State Farm was decided in a California state appeals court, the case influenced the early development of COVID-19 business interruption insurance law and shows how counsel can use publication requests to help shape the industry, say Josephine Petrick and Ashley Nakai at Hanson Bridgett.

  • A Recovery Option For Lenders With Planes Stuck In Russia

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    For aircraft lessors considering insurance coverage litigation to recover for losses of equipment leased to Russian airlines, negotiating an assignment of rights may provide a faster pathway to recovery, say David Klein and Jose Lua-Valencia at Pillsbury.

  • Policyholders Should Also Want To Fight Social Inflation

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    Effectively combating the ills of social inflation — the upward creep in insurance litigation and expected payouts — requires all stakeholders, not just insurers, to recognize the mutual interests between insurers and the risk pool of insureds, says Bryant Green at Zelle.

  • Property Claim Ruling Rightly Backs Texas Removal Policy

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    The Fifth Circuit’s recent decision in Advanced Indicator v. Acadia Insurance, allowing the insurer to remove a property damage suit to federal court, ensures that abusive practices related to weather claims will continue to be thwarted per an important chapter of the Texas Insurance Code, says Karl Schulz at Cozen.

  • Trends And Opportunities In Canada's Insurance M&A Market

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    Laurie LaPalme and Derek Levinsky at Dentons discuss the results of a survey regarding Canada's insurance mergers and acquisitions market, and their expectations for the next year in this space — including an increased focus on accident and sickness insurance, and technology-focused assets.

  • 4 Themes From Policyholder Wins In COVID Coverage Cases

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    As COVID-19 business interruption coverage lawsuits wind their way through state and federal courts, the broader trends emerging from the policyholder victories can assist insureds and their counsel with strategic litigation decisions, says Nicholas Insua at Reed Smith.

  • Capturing Insurance Coverage For Climate Change Suits

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    As municipalities increasingly file suits seeking damages from oil companies in connection with climate change, the companies should consider filing actions to forestall insurer denials of commercial general liability coverage based on theories of novelty or inapplicable pollution exclusions, say attorneys at Haynes and Boone.

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