Property

  • January 19, 2024

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 55 Practice Group of the Year awards among them, steering some of the largest deals of 2023 and securing high-profile litigation wins, including at the U.S. Supreme Court.

  • January 19, 2024

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2023, which honor the attorney teams behind litigation wins and major deals that resonated throughout the legal industry this past year.

  • January 19, 2024

    Nev. Justices Dismiss Hilton Insurers' Appeal In Virus Suit

    The Nevada Supreme Court said it can't review a rejected bid to dismiss Hilton's state court suit seeking more than $1.7 billion from its insurers for COVID-19 losses, granting Hilton's request to toss the appeal for lack of jurisdiction.

  • January 19, 2024

    4th Circ. Lets Insurer Fly The Coop In Vulture Infestation Row

    A Maryland strip mall that was pecked by turkey vultures did suffer an "infestation," a Fourth Circuit panel found Friday, affirming a lower court's judgment in favor of an insurer, finding the bird damage constituted an excluded event.

  • January 19, 2024

    State Farm Denied New Coverage Trial Over Atty's Remarks

    State Farm cannot get a new trial after a jury found one of its policyholders suffered permanent injuries from an auto accident, a Florida appeals court ruled Friday, rejecting the insurer's claim that the policyholder's counsel "obliterated" State Farm's witness credibility arguments in a handful of sentences.

  • January 19, 2024

    Appraisal Needed In Restaurant Fire Dispute, Mich. Court Says

    A dispute over a restaurant's coverage claims for more than $44,000 in damages following a 2021 kitchen fire must go to an appraiser, a Michigan appellate panel affirmed.

  • January 19, 2024

    Insurer Says Wash. Judge Must Alter COVID Coverage Ruling

    A Liberty Mutual unit asked a Washington state judge to alter his ruling of this month that the University of Washington established a plausible claim to recover losses from the COVID-19 pandemic, arguing that the decision ignores key differences among the university's policies. 

  • January 19, 2024

    Proposed $350B Federal Reinsurance Program Draws Scrutiny

    A proposed national reinsurance program lacks important details for legislation that would dramatically change the federal government's role in insurance markets, experts said, while offering competing ideas about whether such a program is needed at all.

  • January 19, 2024

    Insurer Resolves Damaged Goods Coverage Row Out Of Court

    An insurer abandoned its request in New York federal court for a second shot at freeing itself from defending a warehouse over a stored merchandise dispute, instead resolving the issue outside of court and stipulating the case's dismissal after months of delays.

  • January 18, 2024

    Biz, Insurer Settle $10.5M Military School Construction Dispute

    A contractor and its insurer have settled a $10.5 million lawsuit seeking coverage for shoddy construction work on a school on a military base, according to a joint statement Thursday in Maryland federal court.

  • January 18, 2024

    Split Wash. Justices Say Colleges' COVID Suit Can Proceed

    A 6-3 Washington Supreme Court affirmed Thursday a ruling refusing to dismiss a coverage action lodged by 60 higher learning institutions against 16 insurers for losses caused by the COVID-19 pandemic, finding their policies provide a choice of forum clause that allowed them to file suit in any competent court.

  • January 18, 2024

    Yacht Owner Demands Insurer Cover $240K Engine Rebuild

    The owner of a $3.5 million yacht told a Florida federal court Thursday that its insurer breached its contract by failing to pay for more than $240,000 in water damage to its engine.

  • January 18, 2024

    Condos Seek Fees After Empire's Anti-Appraisal Quest Fails

    A pair of storm-damaged Florida condos asked the Eleventh Circuit to make Empire Indemnity Insurance Co. pay its legal fees of over $25,000 after a panel refused jurisdiction in one of the insurer's many ongoing battles against hurricane damage appraisal in the state.

  • January 18, 2024

    Fla. Condo Says Insurer Must Hand Over $3.3M Irma Award

    A Florida condominium association urged a federal court to force its insurer to pay nearly $3.3 million owed under an appraisal award for Hurricane Irma damage, a sum the insurer argued improperly included losses from Hurricane Ian.

  • January 18, 2024

    Insurers, Flooring Co. Notch Partial Win Over Gym Fire Suit

    A high school that accused a flooring company of causing a gym fire cannot seek damages related to gym improvements, higher insurance costs and mental anguish, a Louisiana federal court ruled, stopping short of deciding whether the school retains standing to sue the company or the company's insurers to begin with.

  • January 17, 2024

    Rented Lamborghini Not Covered For $200K Crash Into Tree

    A New Jersey federal judge on Wednesday granted California Casualty & Fire Insurance Co.'s request for a declaration that the insurer does not have to cover damages for a totaled $200,000 Lamborghini that was crashed while rented, finding that the insurer's policy excludes coverage for the car.

  • January 17, 2024

    Wash. Law Firm Says Travelers Must Cover Employee Theft

    Seattle law firm Karr Tuttle Campbell has sued Travelers Indemnity Company of Connecticut in Washington federal court, accusing the insurer of violating the state's consumer protection law by denying coverage after a former firm employee allegedly made $136,000 in unauthorized charges on a credit card.

  • January 17, 2024

    Ind. Court Reverses Banquet Hall's Fire Coverage Win

    A scorched Indiana banquet hall isn't entitled to $1 million in income protection under its commercial insurance, a state appeals court panel found, unanimously reversing a trial court's ruling because unambiguous policy language precluded the extra coverage.

  • January 17, 2024

    Insurers Resist Defense Demands From Pulte Build Flaws

    An insurance company wants a jury trial after facing a lawsuit along with 18 others in Arizona federal court from an affiliate of homebuilder Pulte to compel coverage for claims of construction deficiencies on an Arizona master-planned development.

  • January 17, 2024

    Barge Co. Says Insurer Reneged On Superfund Suit Coverage

    A Washington barge company said its insurer owes it coverage for legal expenses in an underlying lawsuit claiming the company is liable for environmental pollution at an Oregon Superfund site, according to a complaint moved to federal court Tuesday.

  • January 17, 2024

    Insurer Owes $900K In Coverage For Mold Cleanup, Court Told

    A contractor told a North Carolina federal court that its insurer wrongly denied coverage for nearly $900,000 in mold remediation expenses it incurred on a building project, asserting that the insurer conflated its standalone environmental legal liability policy with a different policy.

  • January 17, 2024

    Kan. Judge Trims Misrepresentation Claims Against Adjuster

    A Kansas federal judge significantly narrowed an office building owner's negligent misrepresentation claim against a third-party adjuster for AmGuard, finding the company did not show evidence for most of the alleged falsehoods.

  • January 17, 2024

    Fla. Contractors May Get Another Chance In Malpractice Suit

    A Florida storm-damage contractor should get "one last chance to file a proper complaint" in a $1 million dispute over a soured relationship between the business and its lawyers, a Florida federal judge recommended Tuesday.

  • January 16, 2024

    Sports Co. Wants Coverage Apart From CEO Accused Of Rape

    A sports equipment company asked a Washington federal judge Tuesday not to conflate it with its CEO when determining whether to allow an insurer to escape defending the leader and his company against underlying sexual assault allegations.

  • January 16, 2024

    Assurant Unit Escapes NC Brewery's Flood Insurance Suit

    A North Carolina federal judge dismissed an Assurant unit from a brewing company's National Flood Insurance Program coverage suit, finding Tuesday that the brewery had no valid claim for damage to a building that was not insured under its policy.

Expert Analysis

  • Lessons From 3rd Circ. COVID Biz Interruption Ruling

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    The Third Circuit's recent DiAnoia's v. Motorists Mutual Insurance decision, directing district courts to reevaluate their remand of three pandemic-related business interruption cases to state courts, holds a lesson that determining Declaratory Judgment Act jurisdiction requires a rigorous analysis of all factors, says Regen O'Malley at Gordon Rees.

  • What 5th Circ. Ruling Means For Insurers' Post-Award Liability

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    The Fifth Circuit's recent decision in Randel v. Travelers, holding that an insurer's timely preappraisal payment did not extinguish its liability to its insured, highlights the importance of thoroughness and accuracy in initial loss inspections, says ​​​​​​​Karl Schulz at Cozen O'Connor.

  • Insurance Commissioner's Agenda: Del. Tackles Mental Health

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    Delaware Insurance Commissioner Trinidad Navarro highlights the state's efforts to achieve insurance coverage parity for mental health care by confronting systemic stigma and penalizing disparate and restrictive insurance determinations.

  • Key Takeaways From The NAIC Summer National Meeting

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    Stephanie Duchene and Kara Baysinger at Willkie highlight what insurance practitioners should know about top industry priorities from the National Association of Insurance Commissioners’ recent national meeting, including climate-related risk, diversity and inclusion, and technological innovation.

  • New Fla. Atty Fee Law May Be Boon To Property Insurers

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    A new Florida law designed to curb property insurance litigation should add some balance to a historically hostile environment for insurers by shifting the onus onto policyholders to prove entitlement to attorney fees, say attorneys at Zelle.

  • Embracing ESG: AIG Counsel Talks SEC Risk Alert

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    As the U.S. Securities and Exchange Commission responds to the changing landscape on environmental, social and corporate governance investing, including with its recent risk alert, it is imperative that the regulator take a measured approach, says Kate Fuentes at AIG.

  • Insurance Commissioner's Agenda: Wis. Tackles Climate Risk

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    Wisconsin Commissioner of Insurance Mark Afable talks about educating consumers on potential climate-risk coverage gaps and mitigation efforts, and encouraging insurers to recognize the latter in underwriting, in the face of increasingly frequent and severe weather disasters.

  • How The 'Rocket Docket' Continues To Roar Through COVID

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    While the Eastern District of Virginia rocket docket is no longer the nation's fastest civil trial court, it continues to keep litigation moving efficiently, with pandemic protocols resulting in new benefits for litigants, says Robert Tata at Hunton.

  • It's Time To Upgrade Our Attorney Licensure Rules

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    The bar exam does a poor job of testing the skills employers expect from new lawyers, and those who pass the bar can practice indefinitely without independent oversight, so states should consider alternative means for assuring competence and personal stability for new as well as experienced lawyers, says David Friedman at Willamette University.

  • Insurer Considerations For Post-Pandemic Virtual Mediation

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    To determine whether to continue engaging in virtual mediations after the pandemic ends, insurers should weigh the format's challenges against its benefits, including decreased hostility between parties, time and cost, and increased client participation, say Jennifer Gibbs and Amanda Rodriguez at Zelle.

  • Data-Based Predictions On Case Timelines After Pandemic

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    Richard Finkelman and Karl Schliep at Berkeley Research Group analyze state and federal court data to pinpoint trends and predict changes in case resolution time frames after the COVID-19 pandemic upended judicial proceedings across the country, and they explain how parties can use these analytics to inform litigation decisions.

  • Embracing ESG

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    In this Expert Analysis series, in-house counsel share how they are adapting to the growing importance of environmental, social and corporate governance factors.

  • The Right Condo Governance Provisions Can Enhance Safety

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    Though condominium and community governance documents cannot prevent a structural failure, such as the Champlain Towers tragedy, developers and their lawyers can draft these documents to better educate board members and remove obstacles to preserving community assets, says Bob Burton at Winstead.

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