Property

  • 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.

  • January 30, 2024

    Fennemore Craig Growing In Calif. With Sullivan Hill Merger

    In its latest West Coast expansion, Fennemore Craig PC announced Tuesday it is widening its footprint in San Diego through a merger with Sullivan Hill, with the latter's experts in insurance, construction, commercial bankruptcy and employment law joining Fennemore's existing four-attorney team in the city.

  • January 29, 2024

    Insurer's Counterclaim Tossed From $7M Elevator Verdict Row

    An insurer has no grounds to pursue a counterclaim against excess insurer Great American Insurance Co. in a dispute with an elevator maintenance company over a $7.3 million negligence verdict, a Florida federal judge ruled Monday.

  • January 29, 2024

    Increase In Trafficking Reveals Hospitality Coverage Concerns

    As human trafficking continues to increase and travel returns to prepandemic levels, hospitality industry policyholders may see more direct trafficking exclusions and increased education requirements as the insurance industry works to address this growing risk, experts said.

  • January 29, 2024

    Pollution Exclusion Applies In Oil Well Row, Underwriters Say

    Underwriters for a now-defunct oil services company told a Texas federal court they should not pay a $10.6 million underlying judgment to two companies over drainage losses to their oil wells, because the defunct company's policy excluded pollution and waste claims.

  • January 29, 2024

    Escrow Agent Not Covered For Fraud Suits, Court Told

    An escrow agent no longer has coverage for four underlying suits accusing it of unlawfully withholding funds or distributing them to third parties who had no valid claim to the money, an insurer told a Florida federal court, saying its theft coverage extension endorsement has been exhausted.

  • 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.

Expert Analysis

  • Strike And Riot Insurance Considerations For Policyholders

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    As civil unrest risks evolve, outpacing the insurance products designed to cover them, businesses relying on strike, riot and civil commotion coverage or commercial property coverage should review key aspects of their policies, say Jillian Raines and Shafkat Rakib at Cohen Ziffer.

  • Texas Insurers' Paths To Post-Appraisal Summary Judgment

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    Despite Texas insurance law changes that have altered the interaction between appraisal awards and certain extracontractual claims, recent state and federal court decisions show insurers still have options for summary judgment on policyholders' claims after the entry of an appraisal award, say Michael O'Brien and Claire Fialcowitz at Zelle.

  • What To Include In Orders Governing Remote Arbitration

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    When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

  • Insurers Should Honor Astroworld Coverage Obligations

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    While insurers may be eager to shift blame on Astroworld showrunner Travis Scott for conditions that resulted in 10 deaths and dozens of injuries, arguments suggesting the tragedy shouldn't be covered appear baseless in light of the facts and the law, says Benjamin Massarsky at Miller Friel.

  • Revisiting Loss Calculations For Business Interruption Claims

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    As business interruption insurance claims from COVID-19 and other recent catastrophes flood the courts, David Yohai and Heather Weaver at Weil examine two common judicial approaches to calculating losses, survey their outsize effect on an insured's recovery, and discuss how the influx of new decisions will change the landscape.

  • The Hazards Of Female Lawyers Being 'Office Moms'

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    Female attorneys are frequently credited with being the "office moms" who do critical but undervalued work — from bringing birthday cakes to serving on diversity committees — but as lawyers return to offices, now is a good time for employers to rectify the gender imbalance that disadvantages women, say Ninth Circuit Judge Margaret McKeown and Fine Kaplan partner Roberta Liebenberg.

  • Ransomware Case Signifies Shift In Cyber Insurers' Stance

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    The pleadings in a recently settled California federal court case, Boardriders v. Great American Insurance, show that cyber insurers are taking an adversarial approach to ransomware-related claims in the wake of increasing attacks, so policyholders should anticipate new policy language, claim-payment avoidance and more, say Lynda Bennett and Michael Scales at Lowenstein Sandler.

  • Pa. Ruling Leaves Auto Policy Stacking Questions

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    Following the Pennsylvania Supreme Court's recent decision in Donovan v. State Farm, implicitly confirming the validity of a household vehicle auto policy exclusion with a proper inter-policy stacking waiver, it is unclear what the court expects insurers to do about stacking waivers, say Christopher Woodward and Allison Krupp at Marshall Dennehey.

  • Cyber Rulings Aren't Helping COVID Biz Interruption Cases

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    Where policyholders have recently tried to draw comparison between the loss of property use from a COVID-19 shutdown order and the loss of data use from a ransomware attack, they have found courts unsympathetic to these arguments for business interruption insurance coverage, say Jane Warring and Kristian Smith at Zelle.

  • Insurance Commissioner's Agenda: NY On Industry Diversity

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    My Chi To, executive deputy superintendent of the New York State Department of Financial Services Insurance Division, discusses steps her agency is taking to promote diversity, equity and inclusion within the insurance industry and suggests practices for companies to consider adopting.

  • How Dealmakers Can Bridge M&A Differences In US, Europe

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    As business continues to heat up globally, differing practices and norms in mergers and acquisitions can lead to misunderstandings between U.S. and European dealmakers, but a comparison of documentation structures and processes can help avert these complications, say Piotr Korzynski and Piotr Jaskiewicz at Baker McKenzie.

  • Insurance Considerations Amid Increased Use Of Drones

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    The growing use and rapidly evolving regulation of drone technology across industries raise tricky insurance coverage questions and increase exposure to third-party liability and first-party loss, say attorneys at Covington & Burling.

  • 9th Circ. COVID Coverage Ruling Misapplies Burden Of Proof

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    The Ninth Circuit’s recent decision in Mudpie v. Travelers Casualty Insurance, dismissing a COVID-19 insurance coverage claim, incorrectly applied the burden of proof to the policyholder instead of the insurer, disregarding the crucial differences between third-party liability and first-party all-risks insurance policies, says Lee Epstein at Flaster Greenberg.

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