Property

  • February 05, 2024

    Fla. Legislative Session: Property Insurance Bills Roundup

    Florida lawmakers have put forward dozens of proposals to address insurance challenges in the state, from a bill that would expand coverage from the state's last resort insurer to another that contemplates mangroves as bulwarks against flooding.

  • February 05, 2024

    Insurer Owes $1.3M In Defects Row Defense Costs, Co. Says

    A Hartford unit owes a Chicago-area homebuilder more than $1.3 million in unpaid defense costs related to an underlying construction defect suit, the company told an Illinois federal court, claiming the insurer has refused to explain its coverage decisions.

  • February 05, 2024

    BNSF Railway Blamed For Triggering 2023 Wash. Wildfire

    A tenant who lost his belongings in a blaze last summer that destroyed 10 homes and burned more than 500 acres in Washington state blamed BNSF Railway in state court for negligently running a "fire prone train" through a hot, dry, overgrown area, igniting the Tunnel 5 Fire.

  • February 05, 2024

    Insurer Owes $2.5M For Lost Income, Shop Owner Says

    A Hartford unit refused to pay out $2.5 million in business interruption coverage for a New York City doughnut shop's income that was lost while the city shut the store down during repairs, the shop told a New York federal court.

  • February 02, 2024

    Calif. Rate Approvals Centered In Coverage Crisis Debate

    A California law permitting public challenges to proposed premium increases is saving policyholders billions of dollars, a consumer advocacy group recently reported, a claim that has drawn scorn from industry professionals amid efforts to change the law to better favor carriers. 

  • February 02, 2024

    Owner Says Insurer Can't Dodge Tenn. Hooters Bombing Row

    The insurer of a Hooters restaurant that was decimated in a 2020 Christmas Day bombing appointed a crooked appraiser who tainted a damage award, the historic property's owner told a Tennessee Federal Court, adding that the biased determination was invalid under state law.

  • February 02, 2024

    Progressive Faces Trial In Car Undervaluation Class Action

    Progressive insurance units may have to face a jury trial on claims they systematically undervalued totaled cars after a Georgia federal judge rejected the company's bid to end the suit, ruling policyholders had enough evidence to argue they were shortchanged on claim payouts.

  • February 02, 2024

    Dozens Of Casinos Lose To Insurers In COVID-19 Suit

    A Pennsylvania state court judge handed a win to a large group of insurers in a dispute over COVID-19 pandemic losses suffered by dozens of casinos across 20 states, finding the businesses couldn't establish that the presence of the virus caused physical loss or damage.

  • February 02, 2024

    Clyde & Co. Hires Ex-Lewis Brisbois Team In Chicago

    Law firm Clyde & Co. LLP announced Thursday that it had hired nine Chicago-based insurance law and general liability attorneys from Lewis Brisbois Bisgaard & Smith LLP, including that firm's former managing partner in the city.

  • February 02, 2024

    Holiday Inn Owner, Insurers Settle Suit Over $11M Ida Award

    A New Orleans Holiday Inn owner asked a Louisiana federal court to permanently dismiss its suit against three insurers over an $11.4 million arbitration award and related bad faith claims after the parties reached a settlement in January.

  • February 01, 2024

    Fla. Justices Affirm Appraisal Ruling In $8M Irma Damage Row

    The Florida Supreme Court affirmed a decision to send an insurer's $8 million Hurricane Irma damage dispute with a condominium association to appraisal, holding Thursday that trial courts do have discretion in determining the order in which coverage and amount-of-loss issues are resolved.

  • February 01, 2024

    Liberty Owes $600K In Lost Shoe Coverage, Co. Tells Court

    Liberty Mutual Fire Insurance Co. owes $600,000 to Indiana-based store chain Shoe Sensation for three lost semitruck shipments that the insurer improperly treated as one loss, the chain told a federal court Thursday.

  • February 01, 2024

    Tenn. Resident Says State Farm Marketing Calls Violated TCPA

    State Farm used a third-party company to make automated telemarketing calls without prior consent, violating the Telephone Consumer Protection Act, according to a proposed class action filed in Illinois federal court.

  • February 01, 2024

    Insurer Settles $1.7M Suit Over School's Tornado Damage

    A Nashville private school agreed to permanently end its $1.7 million unpaid tornado damage suit against Cincinnati Insurance Co. and the school's former agent, according to an order in Tennessee federal court.

  • February 01, 2024

    Insurer Wants Out Of $1M Construction Defect Coverage Suit

    An insurer told a Florida federal court that it shouldn't have to cover builders in underlying litigation accusing them of causing more than $1 million in damage via defective construction on a beachfront vacation home.

  • January 31, 2024

    Policyholders Can Film Insurers At Exams, Calif. Panel Says

    Californians have a right to film their insurers' representatives during coverage examinations, a state appeals court ruled, rejecting Nationwide Mutual Insurance Co.'s arguments that the California Insurance Code allowed policyholders to only record themselves on video.

  • January 31, 2024

    $17.5M Hail Claim Mostly Not Covered, Insurer Says

    A storage company's insurer told a Texas federal court that much of the nearly $17.5 million in hail damage the company said it suffered wasn't actually caused by hail, adding that it refused to allow a construction consultant to inspect its property "despite multiple requests."

  • January 31, 2024

    Lab Says $7M Stolen Data Is Property And Should Be Covered

    A national medical testing lab told a Pennsylvania federal court that patient treatment records and at least $7 million of billing data allegedly hijacked by its software contractor was property and should therefore be covered by its insurer. 

  • January 31, 2024

    Fla. Restaurants Say Ian Deductible Was $400K Too High

    A Florida restaurant owner told a federal court Wednesday that its insurer charged too high of a deductible for coverage for damages from Hurricane Ian, alleging that the insurer needs to pay it back more than $400,000 of the $1 million paid to account for the correct deductible amount.

  • January 31, 2024

    No Fee Win For Condos After Midcase Appeal, 11th Circ. Told

    The Eleventh Circuit should not grant attorney fees to two Florida condominium associations that persuaded the court to reject Empire Indemnity Insurance's bid to avoid appraisal, the insurer told the court, arguing their victory over the insurer's appeal doesn't entitle them to recover those costs.

  • January 31, 2024

    Liberty Mutual Units Must Help Cover Warehouse, Court Told

    The insurer for a furniture retailer told a California federal court that it doesn't owe coverage to a warehouse owner in underlying bodily injury litigation, saying it was relieved of its defense duties by a lease termination agreement.

  • January 30, 2024

    Insurer Ordered To Pay Casino $55K In Attorney Fees

    An insurer must pay a Las Vegas casino and resort more than $55,000 in attorney fees after a Nevada federal judge sanctioned the carrier in September, ruling that the insurer failed to produce relevant portions of its claims manual during a COVID-19 coverage dispute.

  • January 30, 2024

    Tenn. Judge Hands Insurer Win In Collapse Coverage Trial

    A North Carolina-based insurance company isn't obligated to cover over $1 million in claimed damages and lost rental income connected to the restoration of a century-old building in Chattanooga, a Tennessee federal judge found in a trial ruling Tuesday.

  • January 30, 2024

    Pipeline Builder Says Insurer Owes Defense In Explosion Suit

    A pipeline construction company told a Texas federal court Tuesday that a subcontractor's insurer must defend the company in a personal injury suit stemming from a nitrogen gas explosion, asserting that it qualifies as an additional insured.

  • January 30, 2024

    Colo. Pizzeria Says Insurer Owes More Fire Coverage

    A Colorado pizzeria that was damaged by a fire in 2021 told a Colorado federal court its insurer still owes coverage for business losses and other expenses, arguing that the insurer is in part to blame for the restaurant being unable to complete its restorations required by its policy.

Expert Analysis

  • 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.

  • How Sonic Boom Risk Informs 'Physical Loss' For COVID Era

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    Applied to today's COVID-19 business interruption insurance battles, insurers' historical treatment of damage associated with sonic booms — or explosive sounds stemming from supersonic airplane speeds — may call into question the many court rulings barring coverage for pandemic-related losses on narrow physical loss grounds, say Peter Kochenburger at the University of Connecticut and Jeffrey Stempel at University of Nevada, Las Vegas.

  • Justices Must Apply Law Evenly In Shadow Docket Rulings

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    In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

  • Ill. COVID Rulings Correctly Adopt Physical Loss Standard

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    In two recent decisions, Sweet Berry Cafe v. Society Insurance and Lee v. State Farm, Illinois appellate courts properly followed the Illinois Supreme Court's standard for physical loss when deciding COVID-19 business interruption cases, says Melinda Kollross at Clausen Miller.

  • A Guide To Extrinsic Evidence In Determining Duty To Defend

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    As the eight-corners rule for the duty to defend is increasingly riddled with exceptions to its strict formulation of confining the analysis to only the language of the insurance policy and the underlying complaint, Richard Mason at MasonADR discusses the newest notable decisions and offers strategies for attorneys litigating the duty to defend.

  • Political Risk Insurance May Help Cos. Hurt By Russian War

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    As Russia’s war on Ukraine causes severe economic fallout, it’s crucial that U.S. companies with operations in the region understand what losses might be covered by their political risk insurance policies, and take steps to ensure that all available coverage is preserved and maximized, says Micah Skidmore at Haynes and Boone.

  • Conn. Ruling Widens Scope Of Property Insurance Appraisals

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    After the Connecticut Supreme Court’s recent decision in Klass v. Liberty Mutual, holding that appraisers can apply the state’s matching statute when determining the amount of loss, insurers may not avoid appraisal on the sole basis that there is a coverage dispute, and policyholders will likely attempt to further expand the scope of appraisers' authority, says Peter Kelly Golfman at Zelle.

  • New 'Bad Faith' Claim Law Holds NJ Insurers Accountable

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    New Jersey’s recently enacted Insurance Fair Conduct Act, giving policyholders a bad faith cause of action for claims involving uninsured and underinsured motorist coverage, is an important step toward countering unfair insurer advantage and expanding consumer protections, say attorneys at K&L Gates.

  • Insurance Implications Of Texas '8 Corners' Rulings

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    Two recent Texas Supreme Court opinions resolve a long-pending question by reaffirming the so-called eight-corners rule as the primary means for determining an insurer's duty to defend, which should provide greater consistency between future state and federal decisions, says Susan Kidwell at Locke Lord.

  • Why I'll Miss Arguing Before Justice Breyer

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    Carter Phillips at Sidley shares some of his fondest memories of retiring Justice Stephen Breyer both inside and out of the courtroom, and explains why he thinks the justice’s multipronged questions during U.S. Supreme Court oral arguments were everything an advocate could ask for.

  • Defense Counsel Must Alter Tactics To Fight Outsize Verdicts

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    If defense counsel continue to use the same strategies they’ve always relied on without recognizing plaintiffs attorneys’ new playbook, so-called nuclear verdicts, such as the recent $730 million jury verdict in a wrongful death case in Texas, will continue to proliferate, says Robert Tyson at Tyson & Mendes.

  • BigLaw Must Nix All-Or-Nothing Work Model To Retain Talent

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    Record numbers of workers quitting in the “Great Resignation,” paired with the growing success of nontraditional and freelance legal services, show that BigLaw’s management committees must reconsider rigid billable hour expectations and be open to part-time and noncontinuous work arrangements, says Hui Chen at Hui Chen Ethics.

  • 11th Circ. Ruling Highlights Trend Of Stricter Insurer Valuation

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    The Eleventh Circuit's recent decision in favor of the insurer in Metal Products v. Ohio Security Insurance is a jarring reminder that both Florida insurance companies and courts are increasingly viewing policy valuation provisions with stricter scrutiny, say Gina Lozier and Christopher Choquette at Berger Singerman.

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