Property

  • February 14, 2024

    Homebuilder, Insurer Settle Coverage Suit Over Fatal Fire

    A builder accused of causing the deaths of two people by failing to install working smoke detectors in a home it constructed has settled its dispute with an insurer over $1 million in coverage for underlying litigation related to the deaths in California federal court.

  • February 13, 2024

    Insurer, Apartment Owner Agree To End Hail Damage Dispute

    The owner of a 12-building apartment complex near Texas A&M University has agreed to end a dispute in Texas federal court with its insurer over $4 million in hail damage coverage.

  • February 13, 2024

    11th Circ. Boots Insurer's Appraisal Order Challenge

    The Eleventh Circuit rejected a Zurich unit's bid to escape a Florida district court's order compelling it into appraisal proceedings with a Pensacola hotel owner, finding Tuesday the appellate court had no power to review a nonfinal order.

  • February 13, 2024

    $3.3M Loss Of Stolen Nokia Phones Not Covered, Insurer Says

    An insurer told a Florida federal court Tuesday it doesn't owe coverage to a trucking company for an underlying lawsuit seeking over $3.3 million for a shipment of Nokia cellphones stolen during transport, arguing that the phones weren't in the company's custody at the time of the loss.

  • February 13, 2024

    Progressive Unit Sued Over Policy Nixed Before House Fire

    A Washington married couple sued a Progressive unit over up to $750,000 in coverage for losses stemming from a house fire, claiming the insurer unfairly canceled their policy before the blaze without properly notifying them in accordance with state law.

  • February 13, 2024

    Insurer Says Fire Co. Owes $3.7M For Hotel Water Damage

    A fire protection and security services company must pay more than $3.7 million for water damage at an Ohio hotel, a Liberty Mutual unit told an Ohio federal court, arguing that the damage was caused by the company's negligence in maintaining a fire sprinkler system.

  • February 13, 2024

    Fla. Condo Wants Full Coverage For $1.7M Hurricane Damage

    A condo association told a Florida federal court that its National Flood Insurance Program insurer has refused to fully cover about $1.7 million in flood and storm damage in 2022 from Hurricane Ian.

  • February 12, 2024

    Insurer Says No Coverage For Idaho Murderer And Family

    A mentally ill suspected cannibal and his wealthy mining family do not have insurance coverage for a wrongful death suit brought on behalf of a murdered, mutilated groundskeeper and his family, the insurer told an Idaho federal court.

  • February 12, 2024

    NM Dry Cleaner Says Policy Covers Chemical Cleanup Costs

    The property owner of a New Mexico dry cleaner told a federal court Monday that State Farm has refused to defend it against an investigation and demand for remediation from the state's environmental protection agency after the discovery of chlorinated solvent contamination in its property's soil.

  • February 12, 2024

    8th Circ. Affirms Insurer Win In Mo. COVID-19 Coverage Row

    The Eighth Circuit affirmed an insurer's win against a Missouri city that sought coverage for sales tax revenue losses resulting from pandemic-related shutdowns, saying Monday that the city's interpretation of a policy endorsement is not reasonable.

  • February 12, 2024

    Three-State Test Critical To Evaluating Carrier Climate Risk

    An analysis finding that insurers' investment portfolios are at risk of losing billions of dollars under delayed climate-transition plans is an important step to fully understanding how well carriers' business activities are aligned with climate goals, experts say.

  • February 12, 2024

    $1M Alcohol Spill Coverage Suit Not Federal Case, Co. Says

    A packaging company being sued by its insurer after expired alcoholic beverages seeped into a warehouse floor, causing more than $1 million in damage, told a Tennessee federal court it should toss the suit because it lacked jurisdiction.

  • February 12, 2024

    Travelers Says No Coverage For $1.8M Pollution Cleanup

    A Travelers unit said it has no duty to reimburse an oil and gas company over $1.8 million for costs it incurred cleaning up 1,600 barrels of spilled brine water, telling a Pennsylvania federal court the company failed to meet its policies' reporting requirements.

  • February 09, 2024

    State Farm Defends Pricing Setting Insured Says Shorted Her

    State Farm Fire and Casualty Co. renewed its bid to toss a Mississippi homeowner's proposed class action over allegations it intentionally underpaid fire damage claims, arguing it was correct to use a "new construction" setting in its pricing software that led to lower recoverable labor costs.

  • February 09, 2024

    2nd Circ. Affirms Starr Can't Sue To Defend Coverage Denial

    The Second Circuit on Friday refused to revive Starr Indemnity & Liability Co.'s suit, which a district court had concluded the insurer used to defend its decision to deny a clothing company coverage for stolen and water-damaged goods.

  • February 09, 2024

    Ala. Insurer Gets Hurricane Sally Repair Coverage Suit Cut

    A Chubb unit successfully trimmed bad faith allegations from a lawsuit seeking coverage for a condominium complex that was damaged by Hurricane Sally in 2020, as an Alabama federal judge found that the condo never showed that its insurance claims were denied by the insurer.

  • February 09, 2024

    Insurer Settles $1.7M Fluorescent Sign Fire Damage Suit

    United Fire & Casualty Co. reached a settlement in its $1.7 million suit against a Texas sign-making company, resolving its bid to recover funds paid to a bed and breakfast after a fluorescent sign caught fire and damaged the property.

  • February 09, 2024

    Bad Faith Claim Rejected Again In Hurricane Ida Coverage Suit

    A Louisiana federal judge again refused to find that the insurer of a suburban New Orleans commercial property acted in bad faith in denying to cover $220,000 in damage Hurricane Ida allegedly caused in 2021.

  • February 09, 2024

    Court Says 'Catastrophe' Applies In COVID Reinsurance Cases

    A London court has allowed insurers to make claims under reinsurance contracts for business interruption losses claimed during the COVID-19 pandemic, saying that the outbreak of an infectious disease constitutes a "catastrophe" under the policy wording.

  • February 08, 2024

    Texas Adjuster No Longer To Pretend To Be Lloyd's Of London

    An insurance adjuster who hijacked the good name of British underwriting giant Lloyd's of London after blaming it for lost compensation agreed in Texas federal court to shut down businesses he opened in its name.

  • February 08, 2024

    8th Circ. Won't Revive Renter's Fire Loss Coverage Fight

    The Eighth Circuit refused Thursday to revive an Arkansas renter's fire coverage suit against her insurer, finding a district court was correct to permanently dismiss the case over what it said were willful failures to follow its orders and properly participate in discovery.

  • February 08, 2024

    Insurance Orgs. Say Bill Would Prevent CFPB Overreach

    Bipartisan legislation seeking to clarify the powers of the Consumer Financial Protection Bureau has drawn support from insurance regulators and industry trade groups who say the bureau has encroached upon state-based insurance regulation despite clear statutory limitations.

  • February 08, 2024

    Esurance Pockets Totaled Vehicles' Sales Tax, Suit Says

    Auto insurer Esurance stole from customers by routinely failing to cover sales tax on totaled vehicles, a policyholder said in a proposed class action filed in New York federal court.

  • February 08, 2024

    Apt. Owners Can't Avoid Arbitrating Ida Damage, Insurers Say

    Seven New Orleans-area property owners must submit their Hurricane Ida damage claims to arbitration proceedings regardless of whether one of two foreign conventions applies to the case over the other, a group of 10 insurers told a Louisiana federal court.

  • February 07, 2024

    'Family' Exclusion Nixes Coverage For Menards, 8th Circ. Says

    An Iowa Menards home improvement retailer doesn't have coverage under the insurance of a customer who launched an injury suit against it, an Eighth Circuit panel ruled in a published opinion, finding intrafamily immunity applied, even if the shopper was unrelated to the employee who allegedly dropped lumber on her.

Expert Analysis

  • High Court Ax Of Atty-Client Privilege Case Deepens Split

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    The U.S. Supreme Court's recent dismissal of In re: Grand Jury as improvidently granted maintains a three-way circuit split on the application of attorney-client privilege to multipurpose communications, although the justices have at least shown a desire to address it, say Trey Bourn and Thomas DiStanislao at Butler Snow.

  • Wis. High Court Ruling May Open Door To Coverage Exception

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    The Wisconsin Supreme Court’s recent decision in Dostal v. Strand finding that an insurer had to defend a civil action following the defendant's criminal conviction on the same facts nonetheless may suggest an exception to the complaint test for determining an insurance company's defense obligation, say David Hollander and Clementine Uwabera at Stafford Rosenbaum.

  • Trial Lawyers Rejoice: Justices May Clarify Issue Preservation

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    The U.S. Supreme Court's recent grant of certiorari in Dupree v. Younger should be a boon to trial and appellate lawyers as the decision will likely standardize a rule for appellate issue preservation, bringing much-needed clarity to an area critical to general litigation success, says Jeremy Christiansen at Gibson Dunn.

  • Minimizing Landlord Exposure To NY's Gray Cannabis Market

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    As New York rolls out its legal adult-use cannabis regime, landlords renting to as-yet unlicensed cannabis establishments may face liability under two statutes — but a few commonsense steps can help protect them from this risk, say attorneys at Carter Ledyard.

  • Cultivating Good Relationships With Insurance Regulators

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    Insurers can develop mutually beneficial working relationships with insurance regulators by following some simple tips for streamlining communication, knowing how and when to ask for help, and treating regulatory staff with professional courtesy, says Layna Rush at Baker Donelson.

  • How Ohio Software Ruling Implicates Crypto Insurance Claims

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    The Ohio Supreme Court's recent decision in EMOI Services v. Owners Insurance, holding that software can never be physically damaged, has limited precedential value for property claims, but serious implications for cases involving loss or damage to intangible assets like cryptocurrency and non-fungible tokens, say Jane Warring and Shannon O’Malley at Zelle.

  • Courts Should Reject Mandatory Arbitration In Insurance Suits

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    The case of Friends of Young Audiences v. Certain Underwriters, currently before a Louisiana federal court, is one of several pending opportunities for courts to support policyholder rights by declining to enforce mandatory arbitration provisions in insurance contracts, say Christopher Kuleba and Maria Castro Sanchez at Reed Smith.

  • What To Expect In Builder's Risk Insurance Claims In 2023

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    The builder's risk insurance industry is in store for more complex claims this year due to rising interest rates, labor and materials volatility, and externalities complicating project scheduling, say Jane Warring at Zelle and Michael Haugen at J.S. Held.

  • Learning From This Year's Legal Industry Discrimination Suits

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    To limit the risk of lawsuits and make the workplace a more welcoming environment for female attorneys, it is important to reflect on lawyers' recent discrimination and sexual harassment claims against law firms and public employers, says Hope Comisky at Griesing Law.

  • More Stringent Calif. Claim Law Could Benefit Policyholders

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    Although a new California statute that imposes additional requirements for policyholder presuit demands — effective Jan. 1 — was ostensibly passed as a bad faith liability shield for insurers, used correctly it may provide a more specific road map for plaintiff recovery, says Shanti Eagle at Farella Braun.

  • Hard Insurance Market Will Influence Legal Industry, Economy

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    As the cost of claims starts to outstrip the value of premiums, insurers are denying more claims and considering scaling back coverage, leading to an influx of legal work and potential holes in the market, says Bruce Hepburn at Mactavish.

  • Check This List Twice: 4 Steps To Abate Coverage Concerns

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    This holiday season give your company the gift of following easy administrative steps to avoid the far-too-common clerical errors that could lead to forfeited insurance coverage, say Vivek Chopra and Mattison Kim at Perkins Coie.

  • Lessons On Notice From 7th Circ. Claims-Made Policy Ruling

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    The Seventh Circuit's recent decision in Hanover Insurance v. R.W. Dunteman contains broad lessons for policyholders — as many claims-made policies include similar aggregation and claims notice provisions as the one at issue — on how to preserve coverage, say Brian Scarbrough and Maura Smyles at Jenner & Block.

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