Property

  • January 03, 2024

    New NY Law Requires Auto Insurers To Verify Driving History

    A newly passed New York law will require auto insurers to check an applicant's driving history through a third-party database before using that information to issue or accept premiums for a private passenger policy.

  • January 03, 2024

    Property Insurer To Offer Replacement Coverage In Florida

    Property insurance company Loggerhead Insurance negotiated with Progressive Home to provide replacement coverage for 115,000 policies held by Florida homeowners, according to a Wednesday announcement.

  • January 03, 2024

    Insurer Must Face Bad Faith Claim Despite Erroneous Payout

    A Florida appeals panel unanimously overturned a lower court ruling Wednesday, finding that a property owner could proceed with her bad faith claim against an insurer who erroneously paid over $59,000 for her property damage, though it wasn't covered by the policy.

  • January 03, 2024

    Agents' Miscommunication Led To $1M Claim Denial, Co. Says

    Insurance agents for a Texas-based textile restoration company caused it to lose coverage for $1 million in vandalism damage by providing its insurer with inaccurate information about the property's occupancy, the company told a Texas federal court.

  • January 03, 2024

    Insurer Settles With Some Defendants In Virus Delay Cost Suit

    Four individual defendants settled with an insurer in its Florida federal court dispute against a construction company over claims on surety bonds during the COVID-19 pandemic, leaving the construction company as the sole active defendant in the case.

  • January 03, 2024

    Detroit Condo Insurer Escapes Covering Underlying Clashes

    An insurer doesn't have to cover a Detroit condo facing suits over damaged fences, defamation and legal fees, a Michigan federal judge ruled, finding exclusions in the directors and officers policy doomed the claims.

  • January 03, 2024

    Eatery Says Insurer On Hook For Seawall Collapse

    Insurer AmGuard has offered a series of shifting reasons to deny coverage for damage claims by the owners of a landmark Massachusetts restaurant built atop a seawall that partially collapsed last May, a lawsuit alleges.

  • January 03, 2024

    Travelers Must Face Suit Over Ill. Condo Storm Damage

    An Illinois federal magistrate judge refused to trim a bad faith claim from a condominium association's more than $280,000 storm damage suit against Travelers Casualty Insurance Co. of America, finding that the count was adequately pled with specific allegations.

  • January 02, 2024

    Bias Invalidates Bombing Coverage Award, Property Co. Says

    A Nashville, Tennessee, property owner urged a federal court to set aside an appraisal award in a coverage dispute over damage caused by a Christmas Day bombing in 2020, saying a Zurich unit's appraiser created bias and partiality in the umpire in favor of the insurer.

  • January 02, 2024

    $1M Alcohol Spill Damage Not Covered, Insurer Says

    An insurer told a Tennessee federal court that it should not have to cover an underlying lawsuit claiming more than $1 million in damage to a warehouse after expired alcoholic beverages seeped into the floor, because the facility wasn't an insured property.

  • January 02, 2024

    Insurer Loses Bid To Narrow Fire Loss Coverage Suit's Scope

    A New York federal judge rejected an insurer's attempts to limit the scope of a fire coverage lawsuit brought by a Tennessee-based packaging manufacturer, finding the insurer hadn't made valid arguments for the dismissal of a bad faith claim or the exclusion of a loss-run document.

  • January 02, 2024

    Insurer Drops Coverage Suit Over Firm's $459K Fraud Claim

    ALPS Property & Casualty Insurance Co. has dropped its suit against one of its insureds, a Vermont law firm, that was seeking coverage for a state court lawsuit claiming it lost a $459,000 mortgage payment to a scammer.

  • January 01, 2024

    Property Insurance Cases To Watch In 2024

    As the new year arrives, insurance experts are anxiously awaiting rulings on a number of cases that could affect the property insurance landscape, including a novel climate change suit in Hawaii and a multistate challenge to the Federal Emergency Management Agency’s overhaul of the National Flood Insurance Program. Here, Law360 rounds up some of the top property insurance cases to watch in 2024.

  • January 01, 2024

    Colorado Cases To Watch In 2024

    Colorado judges this year will have to handle sprawling wildfire litigation, decide the breadth of protection for ski resorts and answer open questions affecting insurance policies for homeowners, employers and beyond. Law360 looks at several cases Colorado lawyers will be keeping tabs on in 2024.

  • January 01, 2024

    Insurance Legislation And Regulation To Watch In 2024

    The insurance industry is entering 2024 with a full plate of hot topic issues for legislation and regulation, including climate risk and data privacy, as rulemakers attempt to keep up with developing technologies and tackle home insurance challenges in vulnerable states. Here, Law360 looks at legislation and regulation topics the insurance industry will watch in the new year.

  • January 01, 2024

    The 5 Strangest Insurance Cases Of 2023

    Insurance protects policyholders from unforeseen situations, but some circumstances are so strange that even insurers couldn't have predicted them. Here, Law360 looks back on the strangest insurance cases of 2023.

  • January 01, 2024

    The Top Environmental Insurance Trends Of 2024

    California's insurance market crisis is the biggest property insurance story in a year that beamed a spotlight on the far-reaching consequences of climate change for the insurance industry. Here, Law360 looks back at a few of the most important environmental stories in insurance over the past year, while considering how things might shape up in 2024.

  • January 01, 2024

    The Top Property Insurance Decisions Of 2023

    An Eleventh Circuit ruling on the intent of parties entering into insurance contracts and a California court's expansion of last-resort insurer coverage are among the top property insurance decisions in 2023, with implications for carriers and policyholders alike. Here, Law360 considers the cases that drew the attention of insurance professionals and attorneys.

  • December 21, 2023

    Convention Center Says Insurer Can't Dodge Virus Coverage

    The entity that operates the Seattle Convention Center pushed back on a Liberty Mutual unit's attempt to toss its COVID-19 business interruption suit, telling a Washington federal court that its claims fit a carveout for virus coverage discussed in a Washington Supreme Court ruling.

  • December 21, 2023

    Condo Group Seeks $10.7M For Nashville Bombing Damage

    A Nashville, Tennessee, condominium owners association told a federal court Thursday that its insurer owes $10.7 million for the full replacement costs of the building after the city's Christmas Day bombing in 2020, arguing that the building is covered under the policy's "guaranteed replacement cost" endorsement.

  • December 21, 2023

    Judge Rejects State Farm's 'Improper' Bid To Slash Fraud Suit

    An Illinois federal judge rejected State Farm's bid to significantly cut a proposed class suit targeting the insurer's allegedly unlawful totaled-vehicle valuation formula on Thursday, but said a Minnesota-based plaintiff must arbitrate her contract claims before her case can proceed.

  • December 21, 2023

    Homeowner To Blame For Canceled Policy, Agent Claims

    A North Carolina insurance agent doubled down on its attempt to have the state supreme court toss a negligence claim from a homeowner whose policy was canceled over misrepresentations on his application, arguing that the insured was ultimately responsible for statements bearing his signature.

  • December 21, 2023

    Insurer Must Face Fla. Restaurant's Hurricane Ian Suit

    An insurer can't avoid a Florida federal suit claiming it failed to appraise more than $500,000 in Hurricane Ian damage to a Gulf Coast restaurant, after a judge found the complaint to be sufficient.

  • December 21, 2023

    Legal Marketing Biz Wants Hurricane Solicitation Suit Tossed

    A legal marketing company is urging the Southern District of Texas to accept a magistrate judge's recommendation to toss a proposed class action over troubled Houston law firm McClenny Moseley & Associates PLLC's allegedly illegal efforts to solicit clients in hurricane-related property damage cases.

  • December 20, 2023

    Ga. Mold Death Coverage Suit Is Ripe, Insurer Says

    An insurer told a Georgia federal court not to dismiss its case disclaiming coverage of an apartment complex accused in an underlying suit of failing to quell a mold infestation that killed a tenant. 

Expert Analysis

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

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    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

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    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'

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

  • Insurer Best Practices For NY Climate Risk Compliance

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    Insurers should view the New York Department of Financial Services' guidance on managing financial risks from climate change as a bellwether for state and federal regulation and should use the time before this summer's compliance deadline to prepare and implement an appropriate response strategy, say Jim Wrynn and Robert Stephens at FTI Consulting.

  • Assessing NFT Insurance Coverage Options And Gaps

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    Because non-fungible tokens do not come bundled with insurance policies, and until NFT-specific insurance policies become more common, NFT owners should proactively protect against risk by drawing upon existing frameworks, despite potential coverage gaps, say Brian Scarbrough and Edward Crouse at Jenner & Block.

  • Crypto And NFTs Could Change The Future Of Real Estate

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    As they grow increasingly popular, cryptocurrencies and nonfungible tokens may shape how real estate transactions are conducted and open the market to many new investors, but these changes are not without risk, says Hugo Alvarez at Cole Scott.

  • The Misinterpretation Of Pa.'s Bad Faith Claims Handling Rule

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    Courts applying Pennsylvania law in insurance coverage disputes, such as the recently decided Walker v. Foremost Insurance, and finding that where an insurer establishes that the subject claim is not covered by the insurer’s policy there can also be no bad faith claim by the insured, are inaccurately interpreting state law, say George Stewart and Max Louik at Reed Smith.

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