Property

  • February 14, 2024

    Homebuilder, Insurer Settle Coverage Suit Over Fatal Fire

    A builder accused of causing the deaths of two people by failing to install working smoke detectors in a home it constructed has settled its dispute with an insurer over $1 million in coverage for underlying litigation related to the deaths in California federal court.

  • February 13, 2024

    Insurer, Apartment Owner Agree To End Hail Damage Dispute

    The owner of a 12-building apartment complex near Texas A&M University has agreed to end a dispute in Texas federal court with its insurer over $4 million in hail damage coverage.

  • February 13, 2024

    11th Circ. Boots Insurer's Appraisal Order Challenge

    The Eleventh Circuit rejected a Zurich unit's bid to escape a Florida district court's order compelling it into appraisal proceedings with a Pensacola hotel owner, finding Tuesday the appellate court had no power to review a nonfinal order.

  • February 13, 2024

    $3.3M Loss Of Stolen Nokia Phones Not Covered, Insurer Says

    An insurer told a Florida federal court Tuesday it doesn't owe coverage to a trucking company for an underlying lawsuit seeking over $3.3 million for a shipment of Nokia cellphones stolen during transport, arguing that the phones weren't in the company's custody at the time of the loss.

  • February 13, 2024

    Progressive Unit Sued Over Policy Nixed Before House Fire

    A Washington married couple sued a Progressive unit over up to $750,000 in coverage for losses stemming from a house fire, claiming the insurer unfairly canceled their policy before the blaze without properly notifying them in accordance with state law.

  • February 13, 2024

    Insurer Says Fire Co. Owes $3.7M For Hotel Water Damage

    A fire protection and security services company must pay more than $3.7 million for water damage at an Ohio hotel, a Liberty Mutual unit told an Ohio federal court, arguing that the damage was caused by the company's negligence in maintaining a fire sprinkler system.

  • February 13, 2024

    Fla. Condo Wants Full Coverage For $1.7M Hurricane Damage

    A condo association told a Florida federal court that its National Flood Insurance Program insurer has refused to fully cover about $1.7 million in flood and storm damage in 2022 from Hurricane Ian.

  • February 12, 2024

    Insurer Says No Coverage For Idaho Murderer And Family

    A mentally ill suspected cannibal and his wealthy mining family do not have insurance coverage for a wrongful death suit brought on behalf of a murdered, mutilated groundskeeper and his family, the insurer told an Idaho federal court.

  • February 12, 2024

    NM Dry Cleaner Says Policy Covers Chemical Cleanup Costs

    The property owner of a New Mexico dry cleaner told a federal court Monday that State Farm has refused to defend it against an investigation and demand for remediation from the state's environmental protection agency after the discovery of chlorinated solvent contamination in its property's soil.

  • February 12, 2024

    8th Circ. Affirms Insurer Win In Mo. COVID-19 Coverage Row

    The Eighth Circuit affirmed an insurer's win against a Missouri city that sought coverage for sales tax revenue losses resulting from pandemic-related shutdowns, saying Monday that the city's interpretation of a policy endorsement is not reasonable.

  • February 12, 2024

    Three-State Test Critical To Evaluating Carrier Climate Risk

    An analysis finding that insurers' investment portfolios are at risk of losing billions of dollars under delayed climate-transition plans is an important step to fully understanding how well carriers' business activities are aligned with climate goals, experts say.

  • February 12, 2024

    $1M Alcohol Spill Coverage Suit Not Federal Case, Co. Says

    A packaging company being sued by its insurer after expired alcoholic beverages seeped into a warehouse floor, causing more than $1 million in damage, told a Tennessee federal court it should toss the suit because it lacked jurisdiction.

  • February 12, 2024

    Travelers Says No Coverage For $1.8M Pollution Cleanup

    A Travelers unit said it has no duty to reimburse an oil and gas company over $1.8 million for costs it incurred cleaning up 1,600 barrels of spilled brine water, telling a Pennsylvania federal court the company failed to meet its policies' reporting requirements.

  • February 09, 2024

    State Farm Defends Pricing Setting Insured Says Shorted Her

    State Farm Fire and Casualty Co. renewed its bid to toss a Mississippi homeowner's proposed class action over allegations it intentionally underpaid fire damage claims, arguing it was correct to use a "new construction" setting in its pricing software that led to lower recoverable labor costs.

  • February 09, 2024

    2nd Circ. Affirms Starr Can't Sue To Defend Coverage Denial

    The Second Circuit on Friday refused to revive Starr Indemnity & Liability Co.'s suit, which a district court had concluded the insurer used to defend its decision to deny a clothing company coverage for stolen and water-damaged goods.

  • February 09, 2024

    Ala. Insurer Gets Hurricane Sally Repair Coverage Suit Cut

    A Chubb unit successfully trimmed bad faith allegations from a lawsuit seeking coverage for a condominium complex that was damaged by Hurricane Sally in 2020, as an Alabama federal judge found that the condo never showed that its insurance claims were denied by the insurer.

  • February 09, 2024

    Insurer Settles $1.7M Fluorescent Sign Fire Damage Suit

    United Fire & Casualty Co. reached a settlement in its $1.7 million suit against a Texas sign-making company, resolving its bid to recover funds paid to a bed and breakfast after a fluorescent sign caught fire and damaged the property.

  • February 09, 2024

    Bad Faith Claim Rejected Again In Hurricane Ida Coverage Suit

    A Louisiana federal judge again refused to find that the insurer of a suburban New Orleans commercial property acted in bad faith in denying to cover $220,000 in damage Hurricane Ida allegedly caused in 2021.

  • February 09, 2024

    Court Says 'Catastrophe' Applies In COVID Reinsurance Cases

    A London court has allowed insurers to make claims under reinsurance contracts for business interruption losses claimed during the COVID-19 pandemic, saying that the outbreak of an infectious disease constitutes a "catastrophe" under the policy wording.

  • February 08, 2024

    Texas Adjuster No Longer To Pretend To Be Lloyd's Of London

    An insurance adjuster who hijacked the good name of British underwriting giant Lloyd's of London after blaming it for lost compensation agreed in Texas federal court to shut down businesses he opened in its name.

  • February 08, 2024

    8th Circ. Won't Revive Renter's Fire Loss Coverage Fight

    The Eighth Circuit refused Thursday to revive an Arkansas renter's fire coverage suit against her insurer, finding a district court was correct to permanently dismiss the case over what it said were willful failures to follow its orders and properly participate in discovery.

  • February 08, 2024

    Insurance Orgs. Say Bill Would Prevent CFPB Overreach

    Bipartisan legislation seeking to clarify the powers of the Consumer Financial Protection Bureau has drawn support from insurance regulators and industry trade groups who say the bureau has encroached upon state-based insurance regulation despite clear statutory limitations.

  • February 08, 2024

    Esurance Pockets Totaled Vehicles' Sales Tax, Suit Says

    Auto insurer Esurance stole from customers by routinely failing to cover sales tax on totaled vehicles, a policyholder said in a proposed class action filed in New York federal court.

  • February 08, 2024

    Apt. Owners Can't Avoid Arbitrating Ida Damage, Insurers Say

    Seven New Orleans-area property owners must submit their Hurricane Ida damage claims to arbitration proceedings regardless of whether one of two foreign conventions applies to the case over the other, a group of 10 insurers told a Louisiana federal court.

  • February 07, 2024

    'Family' Exclusion Nixes Coverage For Menards, 8th Circ. Says

    An Iowa Menards home improvement retailer doesn't have coverage under the insurance of a customer who launched an injury suit against it, an Eighth Circuit panel ruled in a published opinion, finding intrafamily immunity applied, even if the shopper was unrelated to the employee who allegedly dropped lumber on her.

Expert Analysis

  • Lessons From 1st COVID Biz Interruption Policyholder Verdict

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

Can't find the article you're looking for? Click here to search the Insurance Authority Property archive.