Property

  • March 14, 2024

    4th Circ. Weighs Insurer's Duty To Defend Land-Use Dispute

    The Fourth Circuit will decide whether to overturn a West Virginia federal ruling allowing an insurer to avoid covering a sustainable farm that has been accused by the oil and gas company of blocking it from drilling wells in a $4 million state land-use dispute. Here, Law360 breaks down the case in advance of the forthcoming decision.

  • March 14, 2024

    Justices To Weigh Free Speech, Gov't Oversight In NRA Row

    The U.S. Supreme Court will hear arguments next week over whether a former New York state official illegally pressured financial institutions to cut ties to the National Rifle Association, setting up a showdown between free speech rights and regulatory oversight.

  • March 14, 2024

    La. Strip Mall Says Insurers' Arbitration Clause Unenforceable

    A New Orleans-area strip mall owner said it shouldn't be forced to arbitrate its bad faith claim against its insurers for the handling of its Hurricane Ida damage claim, telling a Louisiana federal court that the arbitration clause in its policies is unenforceable.

  • March 14, 2024

    An Insurance Attorney's Call To Military Service

    Jeffrey Bristol of Parrish Law PA is a self-described "later-in-life lawyer" wearing many hats because he has dedicated more than a decade to serving in multiple branches of the U.S. armed forces.

  • March 14, 2024

    Towers Watson Ruling Energizes Bump-Up Supporters, Critics

    A Virginia federal court decision freeing Towers Watson's insurers from covering shareholder suit settlements totaling $90 million has offered carriers support for their use of the so-called bump-up exclusion and prompted criticism from policyholders that the exclusion has gone too far.

  • March 13, 2024

    Wash. Law Firm, Travelers Settle $136K Theft Coverage Fight

    A Seattle law firm and Travelers settled their coverage dispute over an employee's nearly $136,000 worth of unauthorized charges on a credit card, the parties told a Washington federal court.

  • March 13, 2024

    Ala. Hotelier Says Insurer Must Cover Fire Damage

    A Montgomery, Alabama, hotel owner said an insurer must cover a property-destroying fire under a $13 million policy, telling a New York federal court the insurer made "no attempt whatsoever" to meet its obligations despite the hotelier having met all conditions under the policy.

  • March 12, 2024

    La. Property Owners, Insurers Settle $5M Hurricane Ida Fight

    Lloyd's of London and other insurers and underwriters have agreed to settle claims by a group of New Orleans-area property owners who allege the insurers wrongly denied more than $5.1 million in claims from Hurricane Ida damage after the insurers demanded the dispute be resolved in arbitration.

  • March 12, 2024

    Maui Wildfire Case Sent Back To Hawaii State Court

    A Hawaii federal judge lobbed to state court a family's suit seeking to hold Maui County, energy utilities, telecommunication companies and others liable for property damage caused by a wildfire that left over 100 people dead, rejecting the defendants' argument this case should be removed and consolidated in federal court.

  • March 12, 2024

    Pa. Property Owner Knocks Insurer's Early Win Bid

    A Pennsylvania property owner urged a federal court to reject its insurer's bid for a pretrial win, arguing that a vacancy provision in its policy is ambiguous and does not preclude coverage of the $5 million in damages it seeks following a warehouse break-in.

  • March 11, 2024

    Prejudice Rule Applies To Property Claims, Colo. Justices Say

    A rule excusing some policyholders for filing late claims applies to occurrence-based, first-party homeowners' property policies, a divided Colorado Supreme Court held Monday, reversing two insurers' wins in a pair of coverage disputes over hail damage.

  • March 11, 2024

    Travelers Owes No Coverage For Mo. Wall Mishap, Judge Says

    Travelers has no duty to provide over $1.4 million to a St. Louis area property developer for administrative expenses and loss of rental income stemming from a retaining wall failure, a Missouri federal court ruled Monday, finding such coverage didn't extend to additional insureds on a general contractor's policy.

  • March 11, 2024

    Atty, Marketing Biz Knock Call To Continue Hurricane Ad Suit

    A legal advertising company and an attorney are objecting to a Texas federal judge's recent decision in favor of a woman pressing class claims over legal advertising to Louisiana hurricane victims, arguing that the woman still hasn't shown concrete injury.

  • March 08, 2024

    State Farm Beats Spas' COVID Shutdown Suit At 4th Circ.

    The Fourth Circuit sided with State Farm insurance entities Friday in tossing a coverage dispute brought by a class of spa businesses alleging they were owed under "all risk" policies after COVID shutdown orders, with the court holding that recent precedent determined similar policies dealt with physical damage, not business closings.

  • March 07, 2024

    Insurance Litigation Week In Review

    The California Supreme Court heard COVID-19 coverage arguments, the Fifth Circuit ordered arbitration between a property owner and its domestic insurers, and a New Hampshire federal court said Liberty Mutual owes no defense for class action claims over a sleep machine cleaner.

  • March 07, 2024

    5th Circ. Affirms Arbitration In Hurricane Coverage Feud

    The Fifth Circuit has ordered the owner of a New Orleans luxury apartment and retail complex to arbitrate a dispute with its domestic surplus lines insurers over coverage for $7 million in hurricane damage, ruling that arbitration is permitted under a carveout in conflicting Louisiana state law.

  • March 07, 2024

    Mixed Feelings On AI At Cyberinsurance Symposium

    Panelists at the Professional Liability Underwriting Society's cyber symposium in New York City on Tuesday and Wednesday were both excited and scared about generative artificial intelligence, acknowledging that it may be used in more complicated cyberattacks yet curious about the possibility the new market could bring. 

  • March 07, 2024

    Texas Wildfires Strike Underinsured Agricultural Sector

    A series of Texas wildfires including one estimated to be the worst in the state's history are underscoring the increasing risk of severe natural catastrophes to underinsured populations and insurance markets already under stress, experts say.

  • March 07, 2024

    Anti-Fraud Tool At Risk In 8th Circ. Billing Row, Carriers Say

    Insurers' ability to enter agreements that limit billings with healthcare providers, which they contend help combat insurance fraud, is up in the air in Minnesota as the Eighth Circuit gears up to hear arguments Thursday over whether such agreements violate a state law guaranteeing prompt automobile accident insurance payouts.

  • March 07, 2024

    Towers Watson Insurers Off Hook For $90M Merger Coverage

    Towers Watson's insurers do not need to cover settlements totaling $90 million in two shareholder suits stemming from the company's merger with Willis, a Virginia federal judge ruled, saying the transaction was barred by a so-called bump-up exclusion.

  • March 07, 2024

    Women In Insurance Law On Breaking Down Barriers

    Building a better environment for women in the legal industry starts from the top, women in insurance law told Law360. To mark International Women's Day, both junior and senior women attorneys share their experiences in the industry and offer words of advice.

  • March 06, 2024

    Fla. Judge Relieves Insurer Of $1M Construction Defect Row

    An insurer has no obligation to defend or indemnify a general contractor or subcontractor in an over $1 million faulty construction dispute, a Florida federal judge ruled, finding that the subcontractor's policies contained an unambiguous "residential construction" exclusion that clearly barred coverage.

  • March 06, 2024

    Power Co. Can't Escape Explosion Fraud Claim

    An infrastructure supply company can't toss a fraud claim brought by an industrial company's insurers in a suit seeking to recoup $18.7 million in damages for a manufacturing facility explosion, an Ohio federal court ruled, finding that the carriers can bring both a breach of contract claim and a fraud claim.

  • March 05, 2024

    Calif. Justice Asks Why COVID Triggers Insurance But Not Flu

    A California Supreme Court justice appeared skeptical during a hearing Tuesday that COVID-19's presence fulfills the "physical loss or damage" requirement in commercial property insurance policies under Golden State law, questioning whether COVID-19 is different from the flu with respect to property coverage and calling asbestos litigation "far afield."

  • March 04, 2024

    5th Circ. Says Hurricane Coverage Battle Must Be Arbitrated

    A Louisiana property owner and its eight domestic insurers must arbitrate the owner's claims that they mishandled and delayed paying its Hurricane Laura property damage claim in bad faith, the Fifth Circuit ruled Monday, reversing a district court's decision that found an arbitration provision at issue unenforceable.

Expert Analysis

  • What Wis. High Court Ruling Means For Coverage Analysis

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    Overturning insurance law precedent in 5 Walworth v. Engerman Contracting, the Wisconsin Supreme Court recently rejected the use of the economic loss doctrine and integrated systems analysis in commercial general liability cases, but a strongly worded concurrence could indicate that the court's opinion may have limited persuasive reach, say Laura Lin and Pierce MacConaghy at Simpson Thacher.

  • Auto Insurers Should Reassess Calif. Diminished Value Claims

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    Many California auto insurers currently pay third-party claims for diminished value damages after a vehicle has been in an accident; however, federal decisions interpreting California law suggest that insurers may not have to pay some of these claims, says Charles Danaher at Sheppard Mullin.

  • A Festival Of Litigation Could Arise From 'Electric Zoo' Fiasco

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    Over Labor Day weekend, thousands of electronic dance music fans were displeased with the organization of the New York City-based Electric Zoo festival, which quickly elicited comparisons to the 2017 Fyre Festival — and three kinds of litigation could ensue from the debacle, say attorneys at Seiden Law.

  • Potential Marijuana Status Change Would Shift Industry Risks

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    Cannabis companies and their insurers should pay close attention to how the U.S. Department of Health and Human Services' move toward marijuana reclassification plays out, and the potential for a shakeup in the landscape for cannabis regulation at the state and federal levels, says Ian Stewart at Wilson Elser.

  • Key Provisions In Florida's New Insurer Accountability Act

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    Florida's recent bipartisan Insurer Accountability Act introduces a range of new obligations for insurance companies and regulatory bodies to strengthen consumer protection, and other states may follow suit should it prove successful at ensuring a reliable insurance market, say Jan Larson and Benjamin Malings at Jenner & Block.

  • Texas Storms Drive Coverage Litigation And Key Rulings

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    Given the frequency and magnitude of extreme weather events across Texas, first-party coverage claims continue to dominate high-profile litigation in the state, bringing significant recent decisions on attorney fees, appraisal, allocation and other important insurance topics, says Laura Grabouski at Holden Litigation.

  • Next Steps For Insurers After Ky. OKs Early 3rd-Party Claims

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    While insurers in Kentucky may face more statutory bad faith claims after a recent state Supreme Court decision clarified that third parties may bring these torts even before determination of coverage is finalized, insurers can adopt a variety of approaches to reduce their exposure, says Jason Reichlyn at Dykema Gossett.

  • Insurers, Prepare For Large Exposures From PFAS Claims

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    With thousands of lawsuits concerning per- and polyfluoroalkyl substances pending across the country, several large settlements already reached, and both regulators and the plaintiffs bar increasingly focusing on PFAS, it is becoming clear that these "forever chemicals" present major exposures to insurers and their policyholders, say Scott Seaman and Jennifer Arnold at Hinshaw.

  • Rethinking Mich. Slip-And-Fall Defense After Top Court Ruling

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    The Michigan Supreme Court recently overturned three decades of premises liability jurisprudence by ruling that the open and obvious danger defense is no longer part of a traditional duty analysis, posing the question of whether landowners will ever again win on a motion for summary dismissal, say John Stiglich and Meriam Choulagh at Wilson Elser.

  • What To Know About Duty To Settle Insurance Claims In Texas

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    Laura Grabouski of Holden Litigation examines the parameters of Texas insurers' duty to settle liability claims within the limits of the primary policy, as knowledge of the requirements — and the potential exposure from insureds, judgment creditors or excess creditors — can pay dividends in the era of nuclear verdicts.

  • NY's Take On Premises Insurance Policies: What's In A Name?

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    A New York appellate court's recent decision in Wesco Insurance v. Fulmont Mutual Insurance — requiring insurance coverage for a property owner not named on the policy — strengthens a state case law trend creating a practical exception in premises liability cases to normally strict requirements for coverage, says Craig Rokuson at Traub Lieberman.

  • Ga. Mirror-Image Rule Makes Settlements Fraught For Insurers

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    The Georgia Court of Appeals' recent decision in Pierce v. Banks shows how strictly Georgia courts will enforce the rule that an insurer's response to a settlement demand must be a mirror image of the demand — and is a reminder that parties must exercise caution when accepting such a demand, says Seth Friedman at Lewis Brisbois.

  • What's In The NAIC's Draft AI Bulletin

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    The National Association of Insurance Commissioners has released a draft bulletin on insurers' use of artificial intelligence systems, intended as a template for regulators to guide insurers to employ AI consistently with market conduct, corporate governance and unfair and deceptive trade practice laws, say Paige Waters and Stephanie O'Neill Macro at Locke Lord.

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