Property
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January 03, 2025
Ohio Panel Backs Class Cert. In Farmers Total Loss Suit
An Ohio trial court properly granted class certification over a man's claims that a Farmers Insurance unit failed to pay Ohio insureds state and local sales tax for vehicles insured under their auto policies, a state appeals court ruled while limiting the class only to insureds who suffered a total loss.
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January 03, 2025
Mich. Law Firm Urges Dismissal Of Insurer's Defamation Suit
A Michigan personal injury attorney and his firm are urging a federal judge to toss a defamation lawsuit accusing them of launching a smear campaign against an auto insurance company, arguing opinion pieces they published on the firm's blog are protected by the First Amendment.
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January 02, 2025
Calif. Says Insurers Must Expand Coverage In High-Risk Areas
California Insurance Commissioner Ricardo Lara announced Monday that carriers will be required to increase coverage in areas of the state that are at high risk of wildfires, marking the final major step in the department's historic regulatory effort to restabilize the state's insurance market.
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January 02, 2025
6th Circ. Revives Mercedes Vehicle Fire Coverage Claims
The Sixth Circuit has ruled that Mercedes-Benz's North American research entity was not entitled to summary judgment in an insurance suit over a fire at a testing facility and that a lower court must consider whether the "hazardous materials" that started the fire should have been on the property.
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January 02, 2025
The Top Property Insurance Cases To Watch In 2025
Two cases that could change the policies offered by California's insurer of last resort and a forthcoming Hawaii Supreme Court decision on a $4 billion wildfire settlement are among the top property insurance suits to follow in the new year. Here, Law360 looks at five cases that practitioners should note in 2025.
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January 02, 2025
The Top Property Insurance Decisions Of 2024
A novel climate change coverage suit in Hawaii, three state high court pandemic coverage rulings and a Colorado ruling on a late claim-filing rule are among the top property insurance decisions of 2024. Here, Law360 breaks down the cases that drew the most attention among practitioners in the property insurance space.
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December 20, 2024
Top Pa. Cases Of 2024: Elon Musk, Johnny Doc, Uber Drivers
This year was a standout for high-profile legal battles in Pennsylvania, from a blockbuster verdict against Monsanto over its Roundup weedkiller to the Philadelphia district attorney's fight with Elon Musk over allegations that he tried to influence the 2024 presidential election with his million-dollar giveaway.
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December 19, 2024
State And Federal Insurance Regulations To Watch For In 2025
The insurance market will likely face regulatory challenges and opportunities in 2025 as regulators on the state and federal level gear up to reverse major trends and tackle emerging developments. Here, Law360 looks at a few key pieces of regulation and regulatory areas that will be closely watched by the insurance industry.
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December 19, 2024
Policyholders See Notable But Limited Win In NC Virus Suit
North Carolina's top court handed policyholders a rare victory last week in finding that the "direct physical loss" requirement for "all-risk" insurance can cover losses connected to the coronavirus pandemic, but experts say the ruling's late-in-game arrival will limit its impact.
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December 19, 2024
Overlooked Evidence In Katrina Suit Highlights Insurers' Risks
The Mississippi Supreme Court's ruling affirming a $10 million Hurricane Katrina damages award against USAA emphasized the risk a carrier runs when ignoring evidence while investigating a claim, while an additional $4.5 million awarded in attorney fees by the court raised eyebrows, insurance experts told Law360.
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December 19, 2024
Insurer Win In Lead Abatement Row A Blow To Policyholders
The Ohio Supreme Court's ruling that insurers for Sherwin-Williams Co. needn't cover the paint-maker's portion of a $305 million settlement to abate lead paint in California marked another win for carriers in public nuisance litigation, as policyholder experts remain unconvinced by the court's evaluation of "damages" in commercial general liability policies.
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December 19, 2024
Insurance Litigation Week In Review
The North Carolina Supreme Court handed policyholders a rare win in a COVID-19 coverage suit, the Eleventh Circuit revived a citrus grower's bid for damages and a North Carolina state appeals court threw out a nearly $29 million judgment against an insurance company. Here, Law360 takes a look at the past week's top insurance news.
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December 19, 2024
The 5 Strangest Insurance Cases Of The Year
Insurance protects policyholders from the unforeseen, but some circumstances are so strange that even insurers couldn't have predicted them. While 2022 was wild and 2023 was weird, 2024 saw cases involving bear costumes, cannibalism, vulture infestation, a severe bug problem and a former Allstate employee with animation skills and an alleged vendetta. Here, Law360 looks back on the strangest insurance cases of 2024.
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December 18, 2024
Insurers Say Arbitration Is Proper In $7M Ida Damage Suit
A group of international and domestic insurers asked a Louisiana federal judge to keep in place an order to arbitrate a $7 million Hurricane Ida damage claim, disputing a property owner's argument that state law has a say in the matter.
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December 18, 2024
Insurer Says No Coverage For USC Frat's Sex Assault Suit
An insurer told a California federal court that it doesn't owe coverage to an event company accused of failing to provide a safe environment at a fraternity party where a woman said she was sexually assaulted, saying the policy's professional services and sexual misconduct exclusions preclude coverage.
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December 17, 2024
Insurers Freed From Multivehicle House Collision Row
The Michigan Court of Appeals reversed a lower court's decision, finding that the insurers of vehicles damaged during a 2019 semitruck accident were not responsible for paying for a home that was also destroyed in the incident because the other cars' involvement in the melee was secondary.
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December 16, 2024
11th Circ. Says Citrus Grower's Coverage Row Was Ripe
A citrus grower's bid for damages from its insurer in connection with environmental remediation costs was ripe, the Eleventh Circuit said, reviving the case after finding that a Florida district court wrongly dismissed it by conflating the issue of ripeness with the merits of the grower's claims.
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December 16, 2024
Minn. Panel Revives $1.5M Fire Loss Row Against State Farm
A Minnesota state appeals court revived a property owner's $1.5 million bid for additional coverage over a building fire, finding Monday that while state law and the owner's State Farm policy required it to sue within two years of the loss, that requirement didn't extend to the owner's appraisal demand.
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December 16, 2024
Vegetable Co. Seeks $5M Policy Limit For Facility Fire
A Pacific Northwest vegetable processor said its insurer owed the full $5 million limit of its policy after a fire broke out at a Washington state facility and caused over $73 million in property damage and business income losses combined, according to a complaint removed to federal court.
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December 16, 2024
Sempra Policies Too Old For $1.8B Leak Coverage, Court Told
An insurer told a California federal judge to end Sempra Energy's bid to obtain coverage in connection with a nearly $1.8 billion settlement over the largest natural gas leak in U.S. history, claiming its policies expired before any alleged injuries occurred.
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December 13, 2024
La. Judge Won't Reopen Hurricane Damage Case
A Louisiana federal judge has declined to reopen litigation over millions of dollars of hurricane damage in light of new precedent from the state's top court on the arbitration of such disputes, citing conflicting guidance from the Fifth Circuit.
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December 13, 2024
Philadelphia Eagles Can't Revive COVID-19 Coverage Suit
A Pennsylvania federal judge refused to reconsider the Philadelphia Eagles' bid for COVID-19 loss coverage Friday, saying that although the football team thought it "made a clean pass for coverage," there would be no touchdowns scored against its insurer in court.
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December 13, 2024
NC Justices Topple Insurer Victory In COVID Coverage Battle
The North Carolina Supreme Court handed policyholders a rare win Friday in their bid to get property insurance coverage for their pandemic-related business interruption losses, unanimously finding that the insuring phrase "direct physical loss" included the loss of use of property due to COVID-19 public health orders.
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December 12, 2024
BIPA Ruling Split Muddies Policyholders' Hopes For Relief
Two opposing district court decisions on the application of a law limiting damages under an Illinois biometric privacy law marked a setback for policyholders searching for relief from an avalanche of litigation that has posed a challenge to coverage.
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December 12, 2024
Call To Scrap Insurance Monitor Raises Issue Of Federal Role
A recent call from North Carolina's insurance chief to eliminate the U.S. Department of the Treasury's insurance monitor could portend trouble for the office and federal initiatives to better understand climate risks to consumers, but experts say the monitor is already limited in power.
Expert Analysis
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Key Insurance Implications Of Hawaii's Historic GHG Ruling
In Aloha Petroleum v. National Union Fire Insurance, the Hawaii Supreme Court became the first state court to classify greenhouse gasses as pollutants barred from insurance coverage, a ruling likely to be afforded great weight by courts across the country, say Scott Seaman and Gar Lauerman at Hinshaw & Culbertson.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'
A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.
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Sublimit And Policy Interpretation Lessons From Amtrak Case
The recently settled dispute between Amtrak and its insurers over sublimit coverage illustrates that parties with unclear manuscript policies may wish to avoid litigation in favor of settlement — as the New York federal court declined to decide the case by applying prior term interpretations, says Laura Maletta at Chartwell Law.
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Climate Among Many Factors Driving Up RE Insurance Costs
A proactive approach to risk management may determine the viability of the U.S. commercial real estate sector as weather crises and other factors drive insurance costs higher, says Ulrick Matsunaga at Crosbie Gliner.
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Fla. Insurer-Breach Cases Split On Unrepaired Property Issue
A Florida appellate court's recent decision in Universal v. Qureshi is directly at odds with a 2020 decision from another Florida appellate court, and raises important questions for policyholders and insurers about the proper measure of damages in breach claims involving unrepaired property, say Andrea DeField and Yaniel Abreu at Hunton.
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NY Banking Brief: All The Notable Legal Updates In Q3
In a relatively light few months for banking legal updates in New York, the state Department of Financial Services previewed its views on banking sector artificial intelligence use via insurer guidance, and an anti-money laundering enforcement action underscored the importance of international monitoring processes, say Eric McLaughlin and Dana Bayersdorfer at Davis Polk.
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3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim
The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.
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What To Know About Insurance Coverage For Antitrust Risks
With all the regulatory activity surrounding antitrust and unfair competition claims, as highlighted by last month's D.C. federal court decision that Google is a monopolist, businesses must not only ensure compliance, but also understand their potential insurance coverage when such claims arise, says Micah Skidmore at Haynes Boone.
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Keys To Successful Commercial Property Insurance Claims
Excerpt from Practical Guidance
While insurance needs for commercial leasing arrangements are driven by the characteristics of the premises and the nature of the tenants' intended operations, there are several universal best practices landlords and their counsel can follow when making claims after loss or damage.
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Notable Q2 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.