Property

  • January 29, 2024

    Fla. Law Firm Escapes Contractor's Malpractice Suit

    A Florida federal judge has agreed to toss a storm damage contractor's more than $1 million lawsuit centering on an acrimonious breakup with its former law firm, but allowed the contractor a chance at refiling its legal malpractice claims.

  • January 26, 2024

    Nelson Mullins' Rates Spark Coverage Spat Over Builder's Suit

    An insurance policy battle between an exterior building product manufacturer and its insurer over who should pay for a law firm's services in a separate lawsuit spilled into Ohio federal court this week after the insurer removed the company's case from state court to the federal arena.

  • January 26, 2024

    School Says Security Insurer Failed To Cover Stabbing Row

    A security company's insurer failed to provide coverage to a school for behavioral problems in an underlying suit alleging a student was stabbed and bullied in the gym due to the school's negligence and tolerance of violence, according to a suit removed to D.C. federal court.

  • January 26, 2024

    Auto Biz Says Insurer Can't Escape $500K Damage Claims

    A vehicle lift installer urged a Minnesota federal court to preserve its counterclaims in a coverage dispute over nearly $500,000 in claims stemming from fire damage and a tipped container, arguing that its insurer constructively denied most of the claim by repeating investigations and denying payments for over a year.

  • January 26, 2024

    Insurer Denied Early Win In Landlord's Hurricane Damage Suit

    An insurer wasn't able to beat a suburban New Orleans commercial property owner's Louisiana federal case over more than $220,000 in 2021 Hurricane Ida damage, but did succeed in limiting testimony.

  • January 26, 2024

    Texas Motel Says Insurer Fell $750K Short On Storm Damage

    AIG unit Lexington Insurance Co. underpaid for storm damage to a Texas Econo Lodge Inn & Suites, offering only a sum more than $750,000 smaller than the company's own repair estimate, the motel's owner told a federal court.

  • February 08, 2024

    Law360 Seeks Members For Its 2024 Editorial Boards

    Law360 is looking for avid readers of its publications to serve as members of its 2024 editorial advisory boards.

  • January 26, 2024

    State Farm Underpaid Miss. Property Losses, Class Suit Says

    A Mississippi homeowner accused State Farm Fire and Casualty in federal court of intentionally underpaying her fire damage claim by using the wrong setting in its pricing software, treating the repairs as new construction and improperly excluding higher labor costs associated with more complicated fixes. 

  • January 25, 2024

    Excess Insurers Win In Construction Defect Coverage Suit

    A residential developer wrongly tapped into certain excess insurance, a California federal judge ruled Thursday, finding that the $3.2 million its primary insurer spent on defense costs in underlying construction defect litigation didn't count toward triggering a $10 million excess policy.

  • January 25, 2024

    Insurer Says Contractor Not Covered In Oil Refinery Fire Suits

    A petrochemical contractor is not entitled to coverage for a number of suits over an incident at an Arkansas oil refinery in which a hazardous substance was released and caught fire, an excess insurer told a Texas federal court Thursday, saying the contractor's two-year delay in providing notice bars coverage.

  • January 25, 2024

    La. Auto Dealer, Insurer Settle $1.2M Ida Coverage Row

    A car dealer agreed to permanently end its bid for more than $1.2 million in Hurricane Ida-related coverage from its insurers, telling a Louisiana federal court that it had reached a settlement with its insurers.

  • January 25, 2024

    No Sanctions For Receivership Settlement Delays, Judge Says

    A Michigan federal judge approved a business interruption coverage settlement concerning a Detroit property in receivership, allowing the property's owner to dodge a bid for sanctions brought by the receiver over delays in signing the agreement.

  • January 25, 2024

    State Farm Beats Suit Alleging Excessive COVID-Era Premiums

    A California federal judge on Thursday said State Farm Fire and Casualty Co. did not collect excessive premiums during the COVID-19 pandemic, handing the insurer an early win in a proposed class action brought by a cafe owner.

  • January 25, 2024

    Power Co. Can't Dismiss Explosion Fraud Claim, Insurers Say

    Two insurers for an infrastructure technology company urged an Ohio federal court not to toss their bid to recoup $18.7 million in damages for a manufacturing facility explosion, maintaining that state law supports their ability to bring both a breach of contract and fraud claim.

  • January 25, 2024

    NJ Justices Keep Up Trend Of Virus Suit Wins For Insurers

    In turning back an Atlantic City casino's $50 million bid for pandemic loss coverage, New Jersey's top court kept in line with the vast majority of courts deciding such suits, while shutting the door to Garden State policyholders seeking virus coverage, experts say.

  • January 24, 2024

    Apartment, Insurers Settle Stalled Construction Coverage Row

    A Tampa, Florida, apartment complex owner and its insurers settled their dispute in federal court over coverage for delayed construction after mediation, they said Wednesday in a joint settlement notice.

  • January 24, 2024

    NY Developer Says Court Lacks Jurisdiction In $1.7M Fire Suit

    A real estate CEO accused of lying on his insurance application asked a New York federal judge to dismiss an insurer's case disclaiming $1.7 million in fire damage coverage for a 19th century estate his business owned in Albany, saying the court lacks jurisdiction.

  • January 24, 2024

    Samsung, Best Buy Owe Insurer In Microwave Fire, Court Told

    Samsung and Best Buy should reimburse State Farm for a $231,000 payment covering damage to a home in a fire that State Farm claims was caused by a defective microwave, the insurer alleged in a complaint removed to Pennsylvania federal court.

  • January 24, 2024

    Accused Fraudster Hurting Policyholders, NC Justices Told

    Four insurers told the North Carolina Supreme Court that a former insurance mogul facing criminal fraud charges is still running his businesses, contrary to a contract and lower court order, renewing their request for clarity on what parts of an appellate court's opinion the high court will review.

  • January 23, 2024

    Insurer Tells Wash. High Court No Coverage For Faulty Roof

    Farmers Insurance Exchange told the Washington Supreme Court on Tuesday that a "resulting loss exception" to a defective work exclusion in a condominium complex policy should not allow it to recover for condensation damage to its roof resulting from inadequate ventilation.

  • January 23, 2024

    NC Poultry Plant Sanctioned For Last-Minute Document Dump

    The North Carolina Business Court has sanctioned a chicken plant for disclosing key evidence on the eve of an insurance fraud trial stemming from a 2017 fire, finding the late document dump was caused by "extreme negligence."

  • January 23, 2024

    Insurer Says No Coverage Of $1M Suit By NYC Four Seasons

    A construction company working on a Four Seasons Hotel in midtown Manhattan told a New York federal court that insurers should pay to defend it in a $1 million suit brought by the hotel alleging damages to its guest rooms, while its insurer said Tuesday that it wants the case dismissed.

  • January 23, 2024

    Progressive Customers Fire Back At Proposed Dismissal

    Progressive customers in a consolidated proposed class action surrounding the exposure of nearly 350,000 users' personal data to unauthorized actors urged an Ohio federal judge to reject the insurer's dismissal bid, arguing in part that the motion couldn't get around Progressive's own admission to the leak of information.

  • January 23, 2024

    Condo Assoc. Says Insurer Played Favorites In Fee Dispute

    A Virgin Islands condominium association told an Illinois federal court that an AIG unit played favorites in a fee payment dispute between its insureds, refusing to cover more than $500,000 in legal fees for the association while fully funding its opponent.

  • January 23, 2024

    Condo Assoc. Says Insurer Can't Limit Bombing Coverage

    A Nashville, Tennessee, condominium owners association said it's entitled to $10.7 million from its insurer to repair property that was damaged in a bombing in December 2020, telling a federal court that an exclusion for buildings designated as historic structures does not apply to limit recovery.

Expert Analysis

  • Federal Courts Are Right Venue For COVID Insurance Cases

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    Two recent Law360 guest articles positing that state, not federal, courts should be deciding COVID-19 insurance coverage disputes incorrectly assume that these cases contain novel insurance law issues, say attorneys at Dentons.

  • Keys To Keeping Law Firm Talent Amid The Great Resignation

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    With employees leaving their jobs at an unprecedented pace during the "Great Resignation," law firm leaders looking to retain associates and professional staff need to operate with emotional intelligence, talk about failures openly and take the time to offer frequent feedback, says Dorianna Phillips at Lane Powell.

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Litigation Complicates Surprise Medical Bill Law Compliance

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    Health care providers working on compliance with a recently effective law intended to curb surprise medical bills should prioritize provisions of the statute that are not being challenged by a group of ongoing lawsuits, and prepare to take advantage of potential provider-friendly court rulings regarding components in question, say Brenna Jenny and Jaime Jones at Sidley.

  • How NJ Bad Faith Auto Insurance Bill Compares To Pa.'s

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    The recently enacted New Jersey Insurance Fair Conduct Act, is in some ways narrower and in other ways broader than Pennsylvania's notoriously strict bad faith statute and leaves open many fundamental questions, which took Pennsylvania decades of litigation to resolve, say Kristin Jones and Brian Callaway at Troutman Pepper.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • Reach Of Ohio Ransomware Ruling Limited To Policy At Hand

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    While an Ohio appellate court's recent decision allowing the insured's ransomware attack claim to proceed in EMOI Services v. Owners Insurance may seem significant for insurance jurisprudence, it should not have implications beyond policies specifically insuring damage to software, says Jane Warring at Zelle.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • Flawed NY Insurance Law Needs Amendments

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    The New York Comprehensive Insurance Disclosure Act, recently signed by the governor, imposes a multitude of problematic disclosure obligations on defendant-insureds, which the Legislature should — and likely will — seriously consider modifying or eliminating, says Richard Mason at MasonADR.

  • Recent Bias Suits Against Law Firms And Lessons For 2022

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    2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.

  • Associate Hiring Outlook At Law Firms Is Bright For 2022

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    After a year of extraordinary signing bonuses, nearly instantaneous offers and flexible work arrangements, strong demand for talented law firm associates will continue into 2022 — with some differences between East and West Coast markets — and junior attorneys should take steps to capitalize on the opportunity, say Ru Bhatt and Summer Eberhard at Major Lindsey.

  • The Most-Read Legal Industry Guest Articles Of 2021

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    Popular legal industry guest articles this year included commentary on the admissibility of video depositions, an unusual U.S. Supreme Court citation, the perils of lawyer perfectionism, and more.

  • How Firms Can Adapt Amid COVID's Shifting Legal Needs

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    Avi Stadler at Esquire Deposition Solutions discusses the practice areas that are expanding most aggressively during the COVID-19 era of increased litigation and technology needs, and offers recommendations for how law firms can attract and retain the expertise they need to thrive in today's competitive market for legal services.

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