Property

  • January 27, 2022

    Climate Change Swells Crop Insurance Payouts, Report Says

    Crop insurance payouts for drought and excess precipitation have increased dramatically since 1995, according to an analysis released Thursday of U.S. Agriculture Department data from the Environmental Working Group, which is advocating for climate change-related reforms in Congress' next farm bill.

  • January 27, 2022

    2 Title Insurance Suits To Proceed After Judge Denies Stays

    Two suits over whether a group of title insurers wrongly denied mortgage holders coverage in property ownership disputes can proceed, a Nevada federal judge ruled, saying an awaited Ninth Circuit ruling didn't give useful guidance in the two cases.

  • January 27, 2022

    Judge Tosses LA Landlord's Virus Loss Suit Against Travelers

    A California federal judge tossed a commercial landlord's suit against Travelers Indemnity Co. on Thursday, saying its insurance policy did not provide coverage for more than $1.8 million in pandemic-related losses.

  • January 27, 2022

    Aon Says 2021 Disasters Propelled High Insurable Losses

    Hurricane Ida and other major storms that hit the U.S. in 2021 resulted in the third-costliest year on record for the insurance industry, according to a report from professional services company Aon, which warns that climate change threatens to increase risks.

  • January 27, 2022

    Allianz Unit's Negligence Claims Over Hotel Damage Revived

    The Georgia Court of Appeals revived an Allianz unit's negligence claim against a construction manager and its subcontractor over paying out $1.3 million for water damage at an Atlanta hotel.

  • January 27, 2022

    Building Owner's Late Notice Sinks Storm Coverage Claim

    The owners of a commercial property in Utica, New York, were too late to file a claim with Ohio Security Insurance Co. to recover losses from storm damage, a Pennsylvania federal judge ruled Thursday.

  • January 26, 2022

    No Physical Loss Dooms Gift Shop Co.'s Virus Coverage Suit

    The Cincinnati Casualty Co. doesn't have a duty to cover a gift shop supply company's business interruption losses resulting from the coronavirus pandemic, a Texas federal judge ruled Wednesday, finding that the complaint lacks allegations of direct physical damage.

  • January 26, 2022

    University Of Colorado Avoids Virus Coverage Suit Dismissal

    The University of Colorado's suit against Factory Mutual Insurance Co. seeking to recover business interruption losses caused by the COVID-19 pandemic can move forward, a Colorado state judge ruled Wednesday.

  • January 26, 2022

    Insurer Must Turn Over Underwriting Manuals In Fla. Case

    A Florida-based insurance company must turn over some of its underwriting manuals in a property damage suit, a state appeals court ruled Wednesday, saying it had no reason to believe the documents weren't relevant to the dispute.

  • January 26, 2022

    Vt. Justices Ponder Loss-Of-Use Test In Virus Coverage Suit

    Vermont's high court on Wednesday peppered reinsurers for the country's largest military shipbuilder with questions over whether a loss-of-use test should be adopted in a COVID-19 coverage suit, asking if a trial judge accurately predicted the state's position on the presence of the virus causing physical loss or damage.

  • January 26, 2022

    3rd Circ. Urged To Use Newer 'Occurrence' Insurance Ruling

    A Pennsylvania construction company urged the Third Circuit to rule that Berkley Specialty Insurance Co. must cover a judgment a couple won in a lawsuit claiming faulty roof work, arguing Wednesday that a lower court ignored case law that expanded the definition of coverable damage.

  • January 26, 2022

    Coverage For Eatery's Pandemic Losses Barred By Exclusion

    A Tampa-area restaurant isn't entitled to coverage for pandemic losses it sustained when it closed its doors and its food spoiled, a Florida federal judge found, saying a virus exclusion in its policy barred coverage.

  • January 26, 2022

    Zurich Seeks Dismissal Of Qdoba's Virus Coverage Claims

    Zurich American Insurance Co. asked a Colorado federal judge to dismiss Qdoba's COVID-19 coverage claims, arguing that neither the presence of the virus nor government orders cause "physical loss of or damage to property."

  • January 25, 2022

    NY Senate OKs Ex-Obama Adviser To Be Top Financial Cop

    Adrienne Harris was confirmed Tuesday to serve as permanent head of New York's banking and insurance regulatory agency, easily overcoming opposition that her nomination had received from progressive groups over her past fintech industry ties.

  • January 25, 2022

    United Policyholders Backs 9th Circ. Virus Coverage Appeals

    United Policyholders and two other organizations have filed amicus briefs in the Ninth Circuit in support of several restaurants, hotels and other Washington state businesses seeking to revive their COVID-19 coverage suits against an Allianz unit.

  • January 25, 2022

    Judge Grants Partial Win To Insurer In Dealership Damage Suit

    A car dealership can't move forward with its breach of contract claim against Landmark American Insurance Co., a Kansas federal judge ruled, saying the company failed to show a policy provision that entitled it to a $2.3 million payout over its damaged vehicles.

  • January 25, 2022

    Liberty Mutual Beats California Event Planner's Virus Suit

    A California wedding planning and event company isn't entitled to coverage for its pandemic losses, a federal judge said after determining that the company failed to show the kind of physical loss required for coverage under its policy with Liberty Mutual.

  • January 25, 2022

    NY Insurance Broker Wants Hotelier's Virus Suit Nixed

    An insurance broker told a Georgia judge that if a hotel management company suing it for coverage had examined its insurance policies, it would have recognized that those policies would not provide coverage against business losses incurred from the COVID-19 pandemic.

  • January 25, 2022

    Florida, Alabama Restaurants Lose Bid For COVID Coverage

    A Florida federal judge on Monday found that insurance policies issued by Landmark American Insurance Co. to a set of related companies operating wings restaurants in Florida and Alabama do not cover the economic losses they suffered as a result of the COVID-19 pandemic.

  • January 25, 2022

    Beyond Big: Smaller, Hyperfocused Firms Still Stand Out

    Many of the biggest, most profitable law firms are continuing to get bigger. But that doesn't mean there's less room for smaller firms to occupy a leadership position in a set of practices or with a standout culture.

  • January 24, 2022

    Execs Very Concerned About Climate, Deloitte Report Says

    Nearly half of global C-level executives say their companies have already purchased insurance coverage against extreme weather risks, as company leaders report a high level of concern about climate change, according to a new sustainability report from the consulting firm Deloitte.

  • January 24, 2022

    Texas Gas Co. Can Proceed With Coverage Suit Over Spill

    A Travelers unit lost its bid Monday to toss a Texas oil and gas company's suit over denied coverage of a saltwater spill that occurred at one of its well sites.

  • January 24, 2022

    Rowan University Keeps Virus Coverage Suit Alive In NJ

    A New Jersey judge refused on Monday to toss Rowan University's lawsuit seeking coverage from Factory Mutual Insurance Co. after COVID-19 lockdown orders forced it to suspend on-campus activities, saying the school's complaint adequately alleges that the virus caused physical loss purportedly covered by its policy.

  • January 24, 2022

    State Farm Blasts Another Sanctions Request In Katrina Suit

    State Farm is fighting another round of sanction requests in its yearslong dispute with two sisters over how much the insurer mischaracterized wind damage claims after Hurricane Katrina in order to foist its coverage obligations onto the U.S. government.

  • January 24, 2022

    8th Circ. Says Insurer Must Cover 2 Fires At Same Home

    Farm Bureau Property & Casualty Insurance Co. must treat two fires at the same Minnesota home as separate losses, the Eighth Circuit decided, affirming a lower court's decision that the second fire caused a total loss that should be covered up to the policy's limit of $268,800.

Expert Analysis

  • How NJ Bad Faith Auto Insurance Bill Compares To Pa.'s

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    The recently enacted New Jersey Insurance Fair Conduct Act, is in some ways narrower and in other ways broader than Pennsylvania's notoriously strict bad faith statute and leaves open many fundamental questions, which took Pennsylvania decades of litigation to resolve, say Kristin Jones and Brian Callaway at Troutman Pepper.

  • Reach Of Ohio Ransomware Ruling Limited To Policy At Hand

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    While an Ohio appellate court's recent decision allowing the insured's ransomware attack claim to proceed in EMOI Services v. Owners Insurance may seem significant for insurance jurisprudence, it should not have implications beyond policies specifically insuring damage to software, says Jane Warring at Zelle.

  • Flawed NY Insurance Law Needs Amendments

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    The New York Comprehensive Insurance Disclosure Act, recently signed by the governor, imposes a multitude of problematic disclosure obligations on defendant-insureds, which the Legislature should — and likely will — seriously consider modifying or eliminating, says Richard Mason at MasonADR.

  • How 11th Circ. Ruling Dominated 2021 COVID Insurance Cases

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    Despite being a case about construction dust and debris, the Eleventh Circuit’s 2020 opinion in Mama Jo’s v. Sparta Insurance had a pervasive and unwarranted effect this year on coverage for business interruption losses stemming from the COVID-19 pandemic, say Hugh Lumpkin and Garrett Nemeroff at Reed Smith.

  • JP Morgan Ruling May Have Broad Insurance Implications

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    The New York Court of Appeals' recent decision in J.P. Morgan Securities v. Vigilant Insurance — that settlement funds paid to the U.S. Securities and Exchange Commission did not constitute a penalty for insurance purposes — could have far-reaching application in other types of insurance litigation where plaintiffs could be characterized as seeking equitable relief, say Robert Shulman and Cristen Rose at Paley Rothman.

  • 2 Insurance Rulings Showcase Trend Favoring Appraisal

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    Two recent decisions from a Florida state court and the Tenth Circuit are consistent with the purpose of, and overwhelming judicial preference toward, appraisal as a means of property claim resolution, ensuring that policyholders have further support in employing this tool against a reluctant insurer, say Matthew Weaver and Jessica Gopiao at Reed Smith.

  • COVID Insurance Cases Highlight Federal-State Court Tension

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    COVID-19 insurance coverage litigation has resulted in an unprecedented number of federal courts preemptively ruling on an area of law in which state courts have final say — a problematic trend with likely undesirable results for litigants unless federal courts consider certain proactive solutions, says John Koch at Flaster Greenberg.

  • 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.

  • 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.

  • 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.