Property

  • January 12, 2024

    5th Circ. Finds Ambiguity In Policy's Fire Alarm Requirement

    A Dallas apartment complex's insurers wrongly denied coverage for a 2020 fire by maintaining the complex's use of smoke detectors without a central fire alarm system had violated its policy's safety requirements, the Fifth Circuit ruled, finding the policy's reference to different types of fire alarms contradictory.

  • January 12, 2024

    La. Building Owners Settle Deep Freeze Coverage Suit

    The owners of a Louisiana office building permanently ended their bid for nearly $4.5 million in disputed coverage payments for damage caused by a 2021 deep freeze, finalizing a settlement agreement with their insurers to resolve the dispute.

  • January 11, 2024

    House Bill Would Create National Reinsurance Program

    The U.S. Department of the Treasury would administer a new national reinsurance program under a $350 billion proposal that would also provide grants for risk-mitigation activities and cash payments for low-income consumers.

  • January 11, 2024

    NC Justices Urged To Nix Clothier's Virus Coverage Appeal

    Zurich American Insurance has asked the North Carolina Supreme Court to reject a clothing company's bid to appeal its coverage suit for COVID-19 losses, arguing that the insurance policy in dispute bars coverage for any loss caused by virus contamination.

  • January 11, 2024

    Insurer Says Hurricane Ida Didn't Cause Property's Damage

    A commercial property owner in New Orleans claiming that Hurricane Ida caused $300,000 worth of damage isn't owed coverage, an insurer told a Louisiana federal court in an attempt for an early win, arguing that the damage was preeexisting.

  • January 11, 2024

    Insurer Pins Golf Club's Frozen Pipe Damage On Contractors

    Philadelphia Indemnity Insurance Co. took a pair of construction contractors to Pennsylvania state court over $280,000 in damages to a Pittsburgh golf club caused by a burst pipe, claiming the companies are responsible for reimbursing the insurer's coverage payment.

  • January 10, 2024

    NY High Court Mulls Meaning Of Loss In Virus Coverage Suit

    New York's highest court considered Wednesday what kinds of circumstances might constitute physical loss or damage that triggers insurance coverage as the judges weighed whether a restaurant operator's suit for pandemic coverage was prematurely dismissed.

  • January 10, 2024

    Insurer Seeks Early Win In Asphalt Injury Dispute With Roofers

    An insurer sought an early win against a roofing company Wednesday, telling a Pennsylvania federal court that a policy it issued to the company specifically excludes coverage for injuries resulting from the use of hot tar or asphalt.

  • January 10, 2024

    Policy Rider Saves Hospital's Pandemic Claim, 1st Circ. Rules

    The First Circuit on Wednesday partially reinstated a Massachusetts hospital's COVID-19-related claim against insurer Continental Casualty, citing a policy rider that specifically covered the costs of complying with state decontamination requirements.

  • January 10, 2024

    Insurer Depreciated Flood Coverage, W.Va. Homeowner Says

    An insurer unlawfully depreciated the replacement value of a West Virginia man's home after a flood, the man said in a proposed class action in federal court while warning that the company may be doing the same to other policyholders.

  • January 10, 2024

    Eateries Press NC Justices To Force COVID-19 Loss Coverage

    A group of restaurants and bars pressed the North Carolina Supreme Court on Tuesday to force an insurer to pay for losses incurred because of COVID-19, arguing their policies don't require physical destruction but an inability to use property to trigger coverage.

  • January 10, 2024

    Italian Hotel Asks 7th Circ. To Revive Virus Coverage Bid

    A luxury Italian hotel told a Seventh Circuit panel Wednesday that it should be able to tap into its Zurich insurance policy for certain COVID-19-related business losses because the hotel's circumstances in 2020 met the circuit's standard for complete uninhabitability.

  • January 10, 2024

    Contractors Haven't Paid Up After Default, Insurer Says

    An insurer told a New York federal court Wednesday that an engineering firm and several related entities left it on the hook for losses suffered by the owner of a solar power facility after they defaulted on their contract.

  • January 10, 2024

    Chicken Plant Fights Sanctions Over Newly Divulged Notes

    A North Carolina chicken plant urged the state's business court on Wednesday not to sanction it for a last-minute disclosure of pertinent evidence on the verge of an insurance fraud trial, saying it was an honest error that can be easily resolved by reopening discovery.

  • January 09, 2024

    Fla. Property Insurance Suits Cost $580M In 2022, Report Says

    Lawsuits over property insurance claims cost insurers in Florida approximately $580 million in 2022, not including compensation for loss, according to a first-of-its-kind report recently issued by the state's Office of Insurance Regulation.

  • January 09, 2024

    Insurer Asks NC Justices To Help Secure $524M Judgment

    An insurer urged the North Carolina Supreme Court to review a state appeals court's judgment reversing limitations on an embattled insurance mogul's transfer of assets, maintaining that the decision "substantially diminishes" its ability as a judgment creditor to collect a more than $524 million award.

  • January 09, 2024

    Insurance Broker Says Competitor Infringed Trademarks

    An insurance broker sued another insurance broker it claimed has infringed on its trademarks and variations of the marks, telling a Texas federal court to find that it is entitled to collect its competitor's profits from the infringement.

  • January 09, 2024

    Conn. Dealership's Arson Coverage Suit Pared To Single Claim

    A Connecticut federal judge has tossed most claims lodged against two insurers in a used car dealership's coverage suit stemming from a 2019 fire caused by arson, allowing only one breach of contract claim against an insurer to continue.

  • January 09, 2024

    Hyundai, Kia Eye 9th Circ. Input On Cities' Car-Theft Claims

    Hyundai and Kia said Monday that the Ninth Circuit should consider whether U.S. cities can sue the automakers in California federal court over a nationwide wave of car thefts following a viral TikTok trend that popularized tips for breaking into their vehicles.

  • January 09, 2024

    State Farm Switched Adjusters 6 Times, Homeowners Claim

    A trio of Washington state homeowners are suing State Farm over incessant delays, claiming the insurer dragged out their fallen tree damage claim for several months while shuffling through seven field adjusters.

  • January 09, 2024

    Hinshaw Adds 6-Atty Insurance Team In LA, San Francisco

    Hinshaw & Culbertson LLP announced Tuesday that it has brought on six insurance attorneys in San Francisco and Los Angeles, including three partners and three senior counsel, from now-closed Coddington Hicks & Danforth.

  • January 09, 2024

    Insurer Asks 5th Circ. To Nix $2M La. Church Hurricane Award

    An insurer urged the Fifth Circuit to allow oral argument on its request to reverse a more than $2 million judgment against it in a dispute with a Louisiana church over delayed coverage of 2020 hurricane damage.

  • January 09, 2024

    NY Justices Expected To Help Clarify COVID Coverage Issues

    The outcome of arguments before New York's top court Wednesday over insurance coverage for a restaurant operator's pandemic losses should help resolve questions over covered physical loss and damage in the state, experts said.

  • January 09, 2024

    Insurance Boutique Co-Founder Joins McGuireWoods

    A founding partner of insurance boutique Pasich LLP and former adviser at consultancy AECOM is joining McGuireWoods LLP's national insurance recovery team, the firm said Monday.

  • January 08, 2024

    Del. Chancery Court Denies Allstate Win In Fire Claim Dispute

    The Delaware Chancery Court said a house flipping company could proceed to trial in its case requesting correction of the named insured on an Allstate policy in order to collect funds after nearly $242,000 in fire losses in 2020, denying the insurer summary judgment.

Expert Analysis

  • After Climate Rulings, Insurers May Go On Coverage Offense

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    As climate change lawsuits progress, coverage litigation quickly follows — as evidenced by two recently filed suits, Aloha Petroleum v. National Union Fire Insurance and Everest Premier Insurance v. Gulf Oil — and insurers will likely become more proactive in seeking to limit their exposure, say Jose Umbert and Hernan Cipriotti at Zelle.

  • Indirect Hurricane Ian Losses Could Be Covered By Insurance

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    Even companies indirectly affected by Hurricane Ian — for instance, by losses in their supply chain — should review their commercial property policies as they might benefit from specific insurance clauses covering these types of losses, says William Wagner at Taft.

  • Lessons From 1st COVID Biz Interruption Policyholder Verdict

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    Robyn Anderson at Lathrop examines what made Baylor College of Medicine's recent COVID-19 business interruption case a success in Texas state court, and considers whether this first win on behalf of an insured is an outlier or a sign of more to come.

  • State COVID Insurance Rulings Highlight Errors In Dismissals

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    Recent California and Vermont decisions in favor of policyholders, along with a $48 million jury verdict in Texas, underscore the error that courts are making by dismissing COVID-19 business interruption lawsuits at the pleading stage without consideration of the facts and evidence in each case, say Joseph Niczky and Michael Levine at Hunton.

  • Fla. Evidence Code Update Lowers Burden For Image Use

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    Florida's recent evidence code change permits judicial notice of images and certain other graphics, a hugely meaningful development for litigants across a wide range of practice areas, though the effect will likely be immediately felt in property insurance cases, say Eve Cann and David Levin at Baker Donelson.

  • Courts Are Not Shifting On COVID Biz Interruption Stance

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    Although a recent Law360 guest article suggested that the pendulum is about to swing in favor of policyholders seeking business interruption coverage for pandemic-related losses, the larger body of appellate case law — applying the laws of 25 states — continues to find no coverage, say attorneys at Dentons.

  • What Snap Removal Debate Means For Insurance Disputes

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    A potential circuit split regarding the permissibility of snap removal to federal court, which allows defendants to circumvent the forum defendant rule, is particularly a concern in insurance cases due to the difficulty of removing such cases, and the perception that some state courts are more favorable to policyholders, says Greg Mann at Rivkin Radler.

  • Questions Remain On Computer Fraud Coverage For Phishing

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    There are questions regarding the applicability of computer fraud coverage to phishing scheme losses in the wake of the Ninth Circuit's decision in Ernst & Haas v. Hiscox earlier this year, with a backdrop of differing case results and evolving fact patterns over the past few years, say Robert Callahan and Melissa D’Alelio at Robins Kaplan.

  • Storm Insurance Considerations For Cos. New To Florida

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    As more and more businesses migrate to Florida, commercial property owners and tenants should carefully consider specific contract terms in order to avoid insurance issues and litigation in the event of storm damage, say Philippe Lieberman and Marko Cerenko at Kluger Kaplan.

  • Business Insurance Considerations Amid Conflict In Ukraine

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    As the conflict in Ukraine continues to wreak havoc on global business operations and supply chains, companies should carefully assess all the various types of insurance coverage that may mitigate corporate losses, say attorneys at Morgan Lewis.

  • Recent State Rulings Buck Trend In COVID Insurance Disputes

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    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

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    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

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    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.

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