Property

  • December 12, 2024

    Insurer Owes Defense In Faulty Landscaping Row, Court Told

    A contractor facing claims it did faulty irrigation and landscaping work told a Florida federal court that its commercial general liability insurer must defend it, saying while the insurer declined additional insured coverage to the underlying claimant, it still hasn't communicated a coverage position with the contractor.

  • December 12, 2024

    Insurance Litigation Week In Review

    Sherwin-Williams was denied lead paint abatement coverage, a tribal court will hear its first COVID-19 loss case, a tree chop in Georgia isn't insurable and Regal Cinemas can't get coverage for its pandemic-related losses. Here, Law360 takes a look at the past week's top insurance news.

  • December 12, 2024

    Recent M&A Surge Signals Boon In Reps & Warranties Market

    An expected surge in mergers and acquisitions under President-elect Donald Trump's business-friendly agenda points to a positive outlook for an evolving representations and warranties insurance market, experts say, bringing welcome growth following a recent slump in M&A activity.

  • December 11, 2024

    Dutch Duo Beats Insurer's Claims Of Poor Greenhouse Design

    Neither a Dutch greenhouse builder nor designer were responsible for the failure of a Michigan produce farm's $14.1 million greenhouse, a federal judge ruled, granting an early win to the pair in an insurer's subrogation suit seeking coverage for a storm loss.

  • December 10, 2024

    Wash. HOA Can't Get Early Win Bid In Water Damage Row

    A homeowners association for a Seattle-area condominium complex can't yet prevail on its bad faith claims against its insurer over coverage for extensive water damage, a Washington federal court ruled, finding a material factual dispute over whether the association filed its coverage action within its policy's two-year suit-filing deadline.

  • December 10, 2024

    NY AG Refuses To Drop $489M Fraud Case Against Trump

    The office of New York Attorney General Letitia James has announced it won't drop its civil financial fraud case against President-elect Donald Trump, two of his sons, his companies and their executives, saying his upcoming inauguration has no bearing on litigating his appeal of the $489 million judgment.

  • December 10, 2024

    Insurer QBE Settles Suit Over Failed $18M Wind Support Deal

    Belgium-based insurer QBE Europe has settled a lawsuit accusing it of wasting available policy limits on pointless litigation rather than make a reasonable offer in a separate $18 million dispute over a failed wind support vessel deal, according to a Tuesday filing.

  • December 09, 2024

    Insurer Sues Golf Cart Seller Over Injury Suit Coverage

    The insurer to a golf cart manufacturer and seller is asking a Florida federal court to declare that it does not have to defend the company from claims it contributed to a collision that seriously injured a minor.

  • December 09, 2024

    9th Circ. Tosses Regal Cinemas' COVID Coverage Suit

    Regal Cinemas cannot get coverage for its losses stemming from the COVID-19 pandemic, the Ninth Circuit ruled Monday, finding that a decision from New York's top court, along with a contamination exclusion, doomed any chance of coverage under the theater chain's policies with units of Allianz, Liberty Mutual and Zurich.

  • December 09, 2024

    Metal Co. Says Liberty Mutual Owes $1.1M For Hail Damage

    A Texas metal fabrication company said it is owed more than $1.1 million from Liberty Mutual, telling a federal court Monday that the insurer improperly refused to pay out a claim for hail damage after a September 2023 storm.

  • December 05, 2024

    Premium Concerns Centered In Calif. Reinsurance Hearing

    California insurance regulators heard consumer concerns over high premiums during a public hearing Thursday as advocacy groups and insurance industry lobbyists offered thoughts on a proposal to allow insurers to pass down the cost of their own disaster coverage.

  • December 05, 2024

    Property Insurance Policyholders See Hope Amid Headwinds

    In a year filled with property insurance challenges ranging from rising rates to limited availability, some policyholders saw gains in favorable state high court decisions, easing regulatory landscapes and insurer accountability.

  • December 05, 2024

    UN Insurer Climate Risk Report Is Light On Details, Pros Say

    A recent United Nations guide advising insurers on how they should plan for the risks associated with climate change offers a broad-level view of ways carriers can support net-zero goals, but experts say more detail is warranted for forthcoming reports.

  • December 05, 2024

    Insurance Litigation Week In Review

    The Delaware Supreme Court will review 3M's bid for coverage in multidistrict litigation over defective earplugs, a California state appeals court relieved an insurer of covering a spa owner in an underlying sex abuse lawsuit, and a group of Hartford units said Proctor & Gamble isn't covered for underlying environmental lawsuits.

  • December 05, 2024

    Insurer Beats Vegas Casino's COVID-19 Coverage Bid

    The insurer of a Las Vegas hotel and casino did not breach its contract when it denied the resort's request for COVID-19 coverage, a Nevada federal court ruled, finding that a previous order conflicts with a state supreme court decision regarding coverage for pandemic-related losses.

  • December 04, 2024

    P&C Insurers Post $4.1B Underwriting Gain In Big Reversal

    The U.S. property and casualty insurance market recorded a $4.1 billion net underwriting gain in the first nine months of 2024, according to a report issued Wednesday by global credit rating agency AM Best, which called the turnaround a significant improvement from the prior year's $32.1 billion loss.

  • December 04, 2024

    Farmers Insurance Off Hook In Homeowner's Fire Loss Appeal

    A California homeowner who alleged that an agent underinsured her scorched $3 million Malibu home cannot blame Farmers Insurance, a state appeals court affirmed, finding in a published opinion that the agent acted independently when obtaining a policy via a fire insurance pool for her client.

  • December 03, 2024

    Insurance Execs Charged With $250M Fake Policy Scheme

    An insurance company and two executives issued bogus insurance policies purporting to offer over $250 million in coverage to companies and homeowners, according to an indictment announced by the Manhattan district attorney Tuesday.

  • December 03, 2024

    Insurer Says No Coverage For Fishery's $2M Water Damage

    An insurer told an Arizona federal court it owed no coverage to a seafood company embroiled in underlying litigation over more than $2 million in water damage, saying the fishmonger's splashing at its rental property wasn't accidental and its polices weren't in effect at the time.

  • December 03, 2024

    Fla. Court Urged To OK 'Offensive' $645K Deal In Firm's Ch. 11

    A law firm debtor urged a Florida bankruptcy court Tuesday to approve a $645,000 settlement in its Chapter 11 to resolve a proposed fraudulent misrepresentation class action in state court against a former Miami insurance attorney, who called the potential deal "offensive" and said it's possible he'll be sued again.

  • November 27, 2024

    Zurich Defeats Burlington's $750M COVID-19 Coverage Suit

    Zurich American has permanently defeated Burlington Stores' COVID-19 pandemic coverage suit after a New Jersey federal judge said the retailer's attempt to use "clever semantics to avoid dismissal" failed to demonstrate it suffered direct physical loss or damage to its property, or that virus particles physically altered objects or surfaces.

  • November 27, 2024

    Virgin Islands Mall, Lloyd's End $6M Spat Over July 4 Fire

    The owner of a historic marketplace in the U.S. Virgin Islands, which accused certain underwriters at Lloyd's of London of denying more than $6 million in claims after an Independence Day fire, agreed to drop all claims against the underwriter, according to a notice Monday.

  • November 26, 2024

    New Orleans Property Owner Revives Bid To Nix Arbitration

    A New Orleans property owner has again urged a Louisiana federal judge to overturn his order forcing it to arbitrate a $7 million Hurricane Ida damage claim with 11 insurers for a block of luxury apartments and retail shops, pointing to a recent ruling by the state's top court.

  • November 25, 2024

    Geico, Travelers To Pay NY $11.3M To Settle Data Security Row

    New York's financial services regulator and attorney general revealed Monday that they've hit Geico and Travelers with $11.3 million in penalties for the auto insurers' alleged failure to adequately secure driver's license numbers, birth dates and other personal information that was compromised as part of a hacking campaign targeting online rate quote tools.

  • November 25, 2024

    9th Circ. Upholds Nixing Convention Center's Coverage Suit

    The Ninth Circuit backed the dismissal of a Seattle convention center operator's suit seeking coverage for pandemic-related losses, saying Monday that COVID-19 and resulting government shutdown orders did not cause the requisite physical loss or damage to the center to trigger coverage.

Expert Analysis

  • Ore. Insurance Litigation Is Testing The Bounds After Moody

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    Despite the Oregon Supreme Court’s attempt to limit application of its 2023 decision in Moody v. Oregon Community Credit Union, which for the first time awarded extracontractual damages stemming from alleged negligent claims handling, recent litigation shows Oregon insurance companies face greater exposure, says Sarah Pozzi at Cozen O’Connor.

  • What's In NYDFS Guidance On Use Of AI In Insurance

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    Matthew Gaul and Shlomo Potesky at Willkie summarize the New York Department of Financial Services' recently adopted circular letter on the use of artificial intelligence in insurance underwriting and pricing, and highlight the material changes made to it in response to comments on the draft circular letter.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • 7th Circ Joins Trend Of No CGL Coverage For Structural Flaws

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    The Seventh Circuit, which recently held potential structural instability did not count as property damage under a construction company's commercial general liability policy, joins a growing consensus that faulty work does not implicate coverage without tangible and present damage to the project, say Sarah Abrams at Baleen Specialty, and Elan Kandel and James Talbert at Bailey Cavalieri.

  • New La. Managing Agent Law May Portend Growing Scrutiny

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    Recent amendments to Louisiana’s managing general agent regulations impose expansive new obligations on such agents and their insurer partners, which may be a sign of heightened regulatory, commercial and rating agency scrutiny, say attorneys at McDermott.

  • What Fla. Ruling Means For Insurer Managed Repair Programs

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    A recent Florida state court ruling in Fraga v. Citizens Property Insurance, holding that the insurer could not seek to add additional terms in its managed repair program consent form, should promote clear written contract terms that clarify the relationship between insurers, policyholders and contractors, says Chip Merlin at Merlin Law Group.

  • NY Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter of 2024 saw less enforcement activity in the realm of New York financial services, but brought substantial regulatory and legislative developments, including state regulators' guidance on cybersecurity compliance and customer service processes for virtual currency entities, say James Vivenzio and Andrew Lucas at Perkins Coie.

  • Takeaways From Justices' Redemption Insurance Decision

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    The U.S. Supreme Court’s recent decision in Connelly v. U.S. examines how to determine the fair market value of shares in a closely held company for estate tax purposes, and clarifies how life insurance held by the company to enable redemption of a decedent’s shares affects that calculation, says Evelyn Haralampu at Burns & Levinson.

  • Managing Legal Risks After University Gaza Protests

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    Following the protests sparked by the war in Gaza, colleges and universities should expect a long investigative tail and take steps to mitigate risks associated with compliance issues under various legal frameworks and institutional policies, say Wiley's Diana Shaw and Colin Cloherty.

  • An Insurance Coverage Checklist For PFAS Defendants

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    With PFAS liability exposures attracting increased media attention, now is a good time for companies that could be exposed to liability related to per- and polyfluoroalkyl substances to review existing and past insurance policies, and consider taking proactive steps to maximize their likelihood of coverage, say attorneys at Nossaman.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Tips For Advising CRE Owners Affected By Houston Storms

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    As Houston residents begin the arduous process of recovery after this month's devastating storms, attorneys should guide commercial real estate owners and managers toward immediate action under their insurance coverage to facilitate restoration and a return to normalcy, says Justin Ratley at Munsch Hardt.

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