Property

  • September 25, 2024

    Insurer Can't Escape Coverage Of $10M NY Infant Injury Suit

    A New York federal court ruled Wednesday that an insurer had to face certain claims brought by a general contractor seeking defense coverage for $10 million underlying litigation blaming it for negligently injuring an infant with falling sheetrock while working in his home.

  • September 25, 2024

    NC Judge Limits $5.6M Hurricane Claims In Part Over Deadline

    A North Carolina federal court found that a property owner awarded $5.6 million following hurricane damages could continue its breach of contract case against an insurer for alleged underpayment for 2016 Hurricane Matthew damages, though its claims for 2018 Hurricane Florence damages were time-barred.

  • September 25, 2024

    Dept. Asks Mich. Justices To Tackle Unitary Tax Case

    The Michigan Supreme Court should review an appellate court decision that found that insurance companies that are part of Nationwide should file their taxes as a unitary group because the case poses a significant public impact, the state Treasury Department said.

  • September 24, 2024

    Lloyd's Units Seek To Keep $3.4M Yacht Dispute Alive

    A group of Lloyd's syndicates and underwriters urged a Washington federal court to reject a yacht builder's bid to avoid reimbursing them for the $3.4 million in coverage they paid after a luxury yacht suffered severe damage when a mobile boat hoist failed during an August 2020 vessel launch.

  • September 24, 2024

    Calif. Panel Frees Insurer From $7.5M Dog Attack Judgment

    A California appeals court panel affirmed an insurer didn't owe any part of a $7.5 million judgment for a dog attack, finding a homeowner's policy excluding coverage for injuries caused by a pit bull clearly applied to the homeowner's sister's dog, Bugzy.

  • September 23, 2024

    Adjuster Has No Duty To Insured In La. Hurricane Row

    A Louisiana federal judge ruled Monday that an insurance adjuster can't be dragged into a third-party demand by a nursing facility property owner over Hurricane Ida damage to its New Orleans location, finding that only "in very rare circumstances" would the adjuster have any duty to an insured.

  • September 20, 2024

    5th Circ. Reverses Insurer's Early Win In Silo Damage Dispute

    The Fifth Circuit reversed an insurer's early win in a coverage dispute with an agricultural cooperative over damage to two grain silos, instead finding that questions remained about whether wind and weather damage because of faulty construction qualified as property damage under the policy.

  • September 20, 2024

    Insurers Say Ky. House Damage Wasn't From Mine Collapse

    Insurers told a Kentucky federal court to toss a couple's case seeking compensation for damage to their home because of coal mine subsidence, arguing the damage wasn't caused by a collapsing void underground.

  • September 20, 2024

    Mandarin Oriental Can Proceed With COVID Coverage Suit

    A New York federal judge declined to toss a COVID-19 business interruption lawsuit by luxury international hotel chain Mandarin Oriental, holding that the chain sufficiently alleged that its loss was caused by an infectious disease under the terms outlined in its "all risks" policy.

  • September 19, 2024

    Proposed $4B Hawaii Fire Deal Faces Insurance Questions

    A proposed $4 billion settlement made on behalf of the victims of a 2023 wildfire in Hawaii could be imperiled depending on how the Hawaii Supreme Court approaches key questions concerning insurers' rights to recoup payments made to the victims.

  • September 19, 2024

    Insurance Litigation Week In Review

    The Ninth Circuit upheld tribal jurisdiction over the Suquamish Tribe's COVID-19 coverage claims, a New York federal court ruled that an insured's untimely notice doomed its coverage bid and a tax court rejected an oil leasing company's $1.1 million deduction for what the company called a "microcaptive insurance" program. Here, Law360 takes a look at the past week's top insurance news.

  • September 19, 2024

    9th Circ. Won't Revive Hilton Builder's $7.5M Insurance Suit

    Two insurers for a construction company have no duty to provide coverage for a more than $7.5 million water damage claim, the Ninth Circuit ruled Thursday, finding a rain damage exclusion in the company's policies is applicable.

  • September 18, 2024

    Insurers Demand Arbitration Of La. Storm Damage At 2nd Circ.

    A Second Circuit panel puzzled over whether to uphold a New York federal court's ruling denying surplus insurers arbitration in a Louisiana hurricane damage case, during oral arguments over whether the court should follow Bayou State law prohibiting arbitration or reverse the lower court's decision.

  • September 18, 2024

    Climate's Toll On Property Insurance May Spur Broader Action

    A flurry of state and local policymaking has sought to reconcile building needs with worsening weather events and rising construction and insurance costs, but this patchwork approach may soon be blanketed by federal action as financial stakeholders' analysis of climate risk evolves.

  • September 16, 2024

    Fla. Condo Settles With Insurer Over Hurricane Ian Damage

    A Florida condominium association seeking more than $1 million in coverage for property damage caused by a 2022 hurricane has settled with insurer Clear Blue Specialty Insurance Co.

  • September 13, 2024

    The 2024 Regional Powerhouses

    The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.

  • September 12, 2024

    Towers Watson Can't Duck Bump-Up Exclusion, 4th Circ. Told

    Towers Watson's latest effort to get its directors and officers insurers to fund a $75 million settlement in a shareholder suit over its merger with Willis should be tossed, the insurers told the Fourth Circuit, saying the bump-up exclusion unambiguously applies to bar coverage.

  • September 11, 2024

    Climate Risks Call For Proactive Resilience, Pros Say

    Increasing climate change risks show the need for a more proactive approach to improving the resilience of high-risk communities, a task made more complicated by unabating development in high-risk areas and challenges in modeling and communicating risk.

  • September 10, 2024

    London Reinsurance Sector Grew To £11B In 2023

    The value of reinsurance transactions written in the London company insurance market grew by 33% in 2023 on the back of a harder pricing environment, according to figures published Tuesday by a trade body.

  • September 09, 2024

    No Coverage For BNSF In Flood Suit, Travelers Says

    Two Travelers units told a California federal court that they owe no additional insured coverage to railway giant BNSF over claims that a track relocation project it undertook caused significant flooding on a property owner's land.

  • September 09, 2024

    Chinese Reinsurers Can't Exit Reimbursement Suit Yet

    Two property insurers properly served Chinese reinsurers with their suit alleging that they owe more than $43 million in unpaid reinsurance claims, an Iowa federal court ruled, rejecting the reinsurers' argument that under the Hague Convention the insurers had to instead serve their suit via China's central authority. 

  • September 06, 2024

    Red Lobster Landlord Sues Zurich Over $1.2M Fire Payment

    The owner of a property leased to Red Lobster said a Zurich unit negligently failed to name the owner on settlement checks issued to the eatery after a fire, telling a New Jersey federal court the failure allowed Red Lobster to avoid using the $1.2 million to make repairs.

  • September 05, 2024

    Poor Communities Least Insured, Congressional Analyst Says

    Flood risk in the United States is understated by official maps, and lower income communities have less insurance protection for greater risk — two problems that come as threats to U.S. housing grow, a congressional budget analyst said Thursday.

  • September 05, 2024

    3rd Circ. Relieves Insurer Of Additional UIM Coverage

    The Third Circuit reversed an early win a lower court handed to a couple whose son suffered serious injuries in a motorized dirt bike accident, finding that the couple's insurer needn't pay an additional $250,000 under another household policy because of the policy's household vehicle exclusion.

  • September 05, 2024

    Notable D&O Rulings Of 2024 So Far

    The U.S. Supreme Court’s corporate disclosure ruling, a California federal court’s take on advancement of subpoena-related defense costs and conflicting Delaware state court decisions on the enforcement of no-action clauses have set up 2024 as a big year for director and officer coverage rulings. Here, Law360 looks at five notable D&O rulings from the year so far.

Expert Analysis

  • 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.

  • Insurance Ruling Shows Notice Letters Need Close Review

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    A Texas appeals court's recent disapproval of an insured’s presuit notice letter to Westchester Surplus Lines Insurance — which refused to quantify an alleged injury — should prompt courts to probe deeper when considering whether such a letter gives the insurer the information needed to resolve the claim or make a settlement offer, say Jennifer Martin and Timothy Delabar at Wilson Elser.

  • Groundbreaking Nev. Law May Alter Insurance Landscape

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    The Nevada Legislature recently passed a law prohibiting insurers from issuing liability policies with eroding limits provisions that has the potential to create massive shifts in the marketplace — and specifically in areas like professional liability, cyber, and directors and officers insurance, says Will Bennett at Saxe Doernberger.

  • What The ESG Divide Means For Insurers And Beyond

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    The debate around ESG is becoming increasingly polarized, with some states passing legislation that prohibits the use of ESG factors and others advancing affirmative legislation, highlighting the importance for insurers and other companies to understand this complex legal landscape, say Scott Seaman and Bessie Daschbach at Hinshaw.

  • 2nd Circ. Reinsurance Ruling Correctly Applied English Law

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    Contrary to a recent Law360 guest article's argument, the Second Circuit correctly applied English law when it decided in Insurance Company of the State of Pennsylvania v. Equitas that concurrent reinsurance certificates required the reinsurer to cover loss in accordance with the law of the policy's governing jurisdiction, say Peter Chaffetz and Andrew Poplinger at Chaffetz Lindsey.

  • Hospitality Biz Must Prep For Seaweed Damage Coverage

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    With the Great Atlantic Sargassum Seaweed Belt, a 10-million-ton mass of brown seaweed, potentially about to approach the coasts of the U.S. Southeast, Puerto Rico and the Caribbean, affected policyholders should consider whether their losses are covered by their property insurance policies, say attorneys at Pillsbury.

  • ALI, Bar Groups Need More Defense Engagement For Balance

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    The American Law Institute and state bar committees have a special role in the development of the law — but if they do not do a better job of including attorneys from the defense bar, they will come to be viewed as special interest advocacy groups, says Mark Behrens at Shook Hardy.

  • 2nd Circ. Reinsurance Ruling Misconstrues English Law

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    The Second Circuit's finding in Insurance Company of the State of Pennsylvania v. Equitas Insurance, that London-based reinsurer Equitas owed coverage for losses outside the policy period, stems from that court's misinterpretation of English law on reinsurance policy construction, says Christopher Foster at Holman Fenwick.

  • How Fla. Tort Reform Will Shift Construction Defect Suits

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    Recent modifications to Florida's private statutory action rules for building code violations and to the statute of limitations and repose for defect claims significantly clarify ambiguity that had existed under previous rules, and both claimants and defendants should consider new legal arguments that may become possible, say Ryan Soohoo and George Truitt at Cole Scott.

  • PFAS Coverage Litigation Strategy Lessons For Policyholders

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    While policyholders' efforts to recover insurance proceeds for PFAS-related costs are in the early stages, it appears from litigation so far that substantial coverage should be available for PFAS-related liabilities, including both defense costs and indemnity payments in connection with those liabilities, say Benedict Lenhart and Alexis Dyschkant at Covington.

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