Property

  • March 28, 2024

    Insurer Ordered To Defend Legionnaires' Suits

    The insurer of a nonprofit providing housing to at-risk individuals in New York City must defend it in three underlying lawsuits alleging that numerous residents contracted Legionnaires' disease at two properties in the Bronx, a New York federal court ruled, finding a communicable disease exclusion inapplicable.

  • March 27, 2024

    NC Commissioner Says Insurance Mogul's Argument 'Mistaken'

    The North Carolina insurance commissioner asked the state's Supreme Court on Tuesday to allow him to give his take on a group of insurers' lawsuit against embattled mogul Greg Lindberg that alleges he pilfered the insurance companies as owner, saying if the court lets him submit an amicus brief he'll explain how Lindberg's main argument is "mistaken."

  • March 27, 2024

    2nd Circ. Weighs Broadening 'Claim' In Shareholder Dispute

    The Second Circuit questioned Wednesday whether it should use a New York state appeals court ruling to broaden the meaning of "claim" in a propane company's directors and officers policy with a Liberty Mutual unit, including not just an entire underlying lawsuit but the individual causes of action within.

  • March 26, 2024

    Insurer's Intervention In Sex-Trafficking Coverage Suit Limited

    Starr Indemnity & Liability Co. can intervene in another insurer's suit against a hospitality company over coverage for sex trafficking allegations, but only if the other carrier's policy isn't rescinded and the case proceeds to a second phase of litigation, a Texas federal court has ruled.

  • March 26, 2024

    UK Marine Insurer Investigating Baltimore Bridge Crash

    Britannia, a British marine insurer, confirmed Tuesday that it is working with authorities in Baltimore after a container ship destroyed the city's landmark Francis Scott Key Bridge in a collision that experts say is likely to cost the insurance sector billions of dollars in claims.

  • March 25, 2024

    No Coverage for Pa. ATV Accident, Insurer Says

    Truck Insurance Exchange has told a Pennsylvania state court it should owe no coverage to a policyholder facing a personal injury suit over an all-terrain vehicle accident, saying the policyholder's insurance agent "intentionally" failed to disclose the accident before Truck issued the policy.

  • March 22, 2024

    Insurer Urges 9th Circ. To Reverse LA Port Co.'s Defense Win

    United National Insurance Co. urged the Ninth Circuit on Friday to reverse a ruling that the insurer was obligated to defend a Los Angeles port company against pollution claims brought by the city, saying the lower court erroneously failed to enforce the policy's qualified pollution exclusion.

  • March 21, 2024

    AI Presents Risk To Insurers And Policyholders, Panelists Say

    The growing use of artificial intelligence presents a risk to both insurers and insureds, experts said during a webinar Thursday, advising policyholders and their attorneys on how to navigate novel issues arising from the use of AI in the insurance industry.

  • March 21, 2024

    Calif. Panel Revives Diner's COVID Sanitization Coverage Bid

    A California state appeals court revived a diner's bid for property insurance coverage of COVID-19 losses after it determined the restaurant credibly alleged direct physical losses and that the policy's language covering losses attributable to a virus applied to COVID-19 sanitization efforts.

  • March 21, 2024

    2nd Circ. To Weigh 'Claim' Meaning In Family Share Dispute

    The Second Circuit on Wednesday will hear arguments over whether a New York federal court erred in finding that a contract exclusion barred any duty a Liberty Mutual unit had to defend a propane company and two of its executives in a family shareholder dispute.

  • March 21, 2024

    6 Questions For ZestyAI CEO Attila Toth

    As California regulators push proposals aimed at luring back insurance companies to the state's challenged market, advanced modeling techniques have taken a prominent place in the debate over how to best price risk as traditional methods lose relevance. Here, Law360 talks to Attila Toth, chief executive officer of ZestyAI, a risk modeling company that sells artificial intelligence-based risk models to insurers seeking to refine their risk assessment capabilities.

  • March 21, 2024

    Insurance Litigation Week In Review

    The U.S. Supreme Court considered the NRA's free speech rights and whether an insurer had standing in bankruptcy court, Geico was slammed with a $164 million payout, the Sixth Circuit seemed hesitant to force Amway to pay its own defense costs and Metallica's COVID-19 coverage case faded to black.

  • March 21, 2024

    Calif. Regulators' Pitch On Insurance Reform Draws Scrutiny

    Two regulations proposed to help lure insurers back to California's market by speeding up the state's rate approvals and allowing insurers to use catastrophe models to set rates are drawing scrutiny as industry and consumer groups weigh their potential effects.

  • March 21, 2024

    Sanitizer Co. Faces Tough Ad Injury Coverage Bid In 2nd Circ.

    A company accused of falsely advertising that its sanitizing products were effective in disinfecting surfaces faces an uphill battle, experts say, as the Second Circuit is poised to hear oral arguments Monday over whether the company is owed coverage under its commercial general liability policy for an underlying class action.

  • March 19, 2024

    8th Circ. Won't Rethink Mo. City's COVID-19 Coverage Loss

    The Eighth Circuit shot down a Missouri city's request to reconsider a panel ruling denying its request for coverage of sales tax revenue losses stemming from pandemic-related shutdowns, rejecting the city's argument that the panel misinterpreted policy terms and skewed its review in favor of the insurer.

  • March 18, 2024

    Justices Tilt Toward NRA In Free Speech Row With Regulator

    A cautious U.S. Supreme Court seemed poised Monday to rule in favor of the National Rifle Association in a case over allegations that a former New York state official pressured financial institutions to cut ties to the National Rifle Association in violation of its free speech rights.

  • March 18, 2024

    Colo. HOA Not Covered In Travelers Repair Payment Row

    A Colorado federal judge ruled a Travelers unit doesn't have a duty to defend or indemnify a Denver homeowners association seeking coverage for a dispute with a different Travelers unit that alleged it overpaid for a hailstorm property damage claim.

  • March 18, 2024

    Chicago Can Keep $26M Willis Tower Suit In Federal Court

    A federal judge in Illinois has declined to send a $26 million lawsuit against the City of Chicago over rain damage at Willis Tower back to state court, finding the Metropolitan Water Reclamation District of Greater Chicago acts under federal authority in maintaining the minimum water levels dictated by the U.S. Army Corps of Engineers.

  • March 15, 2024

    U. Of Wash. Opposes Question Cert. In COVID Coverage Suit

    The University of Washington's board of regents urged a state court to reject a Liberty Mutual unit's motion to certify COVID-19 coverage questions to a state appeals court, pointing to the Washington Supreme Court's previous rejection of such a move in a separate case that similarly involved pleadings-stage coverage claims.

  • March 15, 2024

    Wash. Justices Affirm Condo's Roof Damage Coverage Win

    A resulting loss exception in a condominium complex's policy with Farmers Insurance Exchange preserves coverage for damage caused by potentially covered perils, such as condensation and water vapor, even though the loss resulted from excluded faulty workmanship, the Washington Supreme Court unanimously ruled.

  • March 15, 2024

    'Needless Circuit Split' In Tribal COVID Row, 9th Circ. Told

    An AIG unit and other insurers are urging the Ninth Circuit to rethink its decision ordering them to litigate the Suquamish Tribe's COVID-19 business interruption claims in tribal court, arguing that a three-judge appeals panel's unanimous affirmation "creates a needless circuit split on the scope of tribal-court jurisdiction."

  • March 14, 2024

    Insurance Litigation Week In Review

    A divided Colorado Supreme Court expanded application of the state's notice-prejudice rule, the Fourth Circuit tossed a COVID-19 coverage class action and the Eighth Circuit considered whether insurers' billing agreements with healthcare providers violated Minnesota's No-Fault Act. Here, Law360 takes a look at this week's top insurance news.

  • March 14, 2024

    8th Circ. Weighs If No-Bill Agreements Break Minn. Law

    The Eighth Circuit carefully considered arguments Thursday between six Farmers units and a policyholder class as to whether the carriers' agreements with healthcare providers restricted the class's medical expense coverage in violation of Minnesota law, giving little indication of which way it leaned.

  • March 14, 2024

    Justices To Consider Insurer's Right To Participate In Ch. 11

    The U.S. Supreme Court is expected to hear arguments Tuesday on whether Truck Insurance Exchange retains standing to oppose the proposed reorganization plan of two bankrupt manufacturers facing a bevy of underlying asbestos injury claims, after the Fourth Circuit blocked Truck's opposition since the plan was "insurance neutral."

  • March 14, 2024

    Insurer Climate Info Partnership Ups Federal Monitor's Role

    A new data-sharing partnership between the U.S. Treasury and state insurance regulators reflects the government's growing interest in understanding and monitoring climate change risks to insurance markets, experts say, but questions remain over the extent to which the data will fully reflect the industry's risks and carbon footprint.

Expert Analysis

  • Deal Over Jets Stranded In Russia May Serve As Blueprint

    Author Photo

    In the face of a pending "mega-trial" over leased airplanes held in Russia after its invasion of Ukraine, a settlement between leading aviation lessor AerCap Holdings NV and NSK, the Russian state-controlled insurance company, could pave the way for similar deals, say Samantha Zaozirny and Timeyin Pinnick at Browne Jacobson.

  • Illinois Trump Tower Ruling Illuminates Insurance 'Occurrence'

    Author Photo

    In Continental Casualty v. 401 North Wabash Venture, an Illinois appellate court found that Trump Tower was not entitled to insurance coverage for operating its HVAC system without a permit, helping to further define a widely litigated general liability insurance issue — what constitutes an "occurrence," say Robert Tugander and Greg Mann at Rivkin Radler.

  • How Shareholder Activists Are Targeting Insurers

    Author Photo

    As shareholder activists take a closer look at the insurance industry, they are pushing insurers to take value-enhancing and climate-related measures — but insurers can prepare by anticipating activist concerns, maintaining robust shareholder engagement, and considering changes in response to the universal proxy rules, say attorneys at Debevoise.

  • Insurers Should Prepare For 'Black Swan' Climate Disasters

    Author Photo

    As rapid climate change results in increased risk of casualties and property loss from rare, severe weather events, the insurance industry should take five crucial steps toward evolving and continuing operations, including advanced analytic techniques and investments in alternative energy sources, say Stephen Brown and Irena Maier at Wilson Elser.

  • 3 Quirks Of New Jersey Insurance Coverage Law

    Author Photo

    There are a multitude of state-specific requirements and nuances that make New Jersey insurance law unique, including in the areas of duty to defend, reservation of rights and bad faith, say attorneys at Goldberg Segalla.

  • Conn. Insurers Should Note Stricter Market Exit Oversight

    Author Photo

    The Connecticut Insurance Department recently issued a bulletin that reflects a unique and stricter approach to insurers' market withdrawals and reductions in property and casualty business, making clear that it will not assess compliance based on an insurer's intent, but on the effect of the insurer's actions, says Elizabeth Retersdorf at Day Pitney.

  • Extreme Weather And Renewable Project Insurance Coverage

    Excerpt from Practical Guidance
    Author Photo

    The regularity and severity of extreme weather events driven by climate change are putting renewable energy projects increasingly at risk — so project owners, contractors and investors should understand the issues that can arise in these situations when seeking recovery under a builder's risk insurance policy, say Paul Ferland and Joshua Tumen at Cozen O'Connor.

  • Potential Relief For Nevada Insureds Is On The Horizon

    Author Photo

    A proposed regulation recently issued by the Nevada Division of Insurance would severely restrict the state's new law prohibiting burning-limits policies, enacting welcome changes to address businesses' concerns that the law will make it harder to obtain cost-effective liability insurance, says Sheri Thome at Wilson Elser.

  • NY Co-Ops Must Avoid Pitfalls When Navigating Insurance

    Author Photo

    In light of skyrocketing premiums, tricky exclusions and dwindling options, New York cooperative corporations must carefully review potential contractors' insurance policies in order to secure full protection, as even seemingly minor contractor jobs can carry significant risk due to New York labor laws, says Eliot Zuckerman at Smith Gambrell.

  • Insurance Rulings Continue Expansion Of Appraisal's Ambit

    Author Photo

    Two recent Illinois insurance cases allowing property damage appraisers to determine causation — Wysoczan v. Cambridge in federal court and Shelter v. Morrow in state appellate court — perpetuate a judicial trend that will result in a slower, more expensive and cumbersome appraisal process that resembles litigation, says Matthew Fortin at BatesCarey.

  • Suits Likely Over Nevada Law Limiting Claimant Injury Exams

    Author Photo

    A new Nevada law placing barriers on the mental or physical examinations that defendants use to evaluate claimants' injuries will likely spur waves of litigation to reconcile it with existing rules and practice, says Michael Lowry at Wilson Elser.

  • Mass. Ruling Shows Value Of Additional Insured Specifics

    Author Photo

    A Massachusetts court’s recent D.F. Pray v. Wesco Insurance decision demonstrates that blanket additional insured endorsements can create issues with personal jurisdiction, so those named as additional insureds should require their lower-tier contractors to use specific endorsements, say Thomas Dunn and Sheya Rivard at Pierce Atwood.

  • 7 Ways Telco Operators Can Approach Lead Cable Claims

    Author Photo

    A recent spotlight on the telecommunication industry shows that companies in the field have known for decades that lead-wrapped cables proliferate in their vast networks, which is likely to provoke prolonged and costly legal battles — but seven best practices can efficiently resolve claims and minimize damage, say consultants at AlixPartners.

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