Property

  • August 11, 2022

    NHL Limited To Communicable Disease Coverage In Virus Suit

    The NHL and 19 of its teams may be able to collect for losses associated with the COVID-19 pandemic under their communicable disease coverage, but they won't get the $2 billion they'd hoped to get from their insurers, a California state court judge has ruled.

  • August 11, 2022

    Creation Museum Moves For Pandemic Relief From Insurers

    Two biblical-themed attractions in Kentucky are seeking payment from their insurance companies after COVID-19 shutdowns ground tourism to a halt at their life-size Noah's Ark and 75,000-square-foot Creation Museum.

  • August 11, 2022

    Calif. Theater Says Virus, Protest Claims Warrant Coverage

    A San Diego theater and restaurant owner pushed back against Fireman's Fund Insurance Co.'s attempt to toss its coverage lawsuit over alleged damages related to civil rights protests and losses stemming from the pandemic, telling a California federal court that its claims were strong enough to survive dismissal.

  • August 11, 2022

    Va. Complex Sued Too Early Over Lost Income Dispute

    A Pennsylvania federal court rejected a Virginia Beach apartment complex owner's lost income coverage suit against Rockingham Insurance Co., finding in a Thursday ruling that MGM Enterprises Inc. filed its case prematurely and might not ever suffer a loss the court could resolve.

  • August 11, 2022

    Judges Aren't Rejecting Service Awards Despite 11th Circ. Ban

    The creative ways in which judges have been complying with the Eleventh Circuit's groundbreaking ban on incentive payments for the lead plaintiff in a class action settlement are only going to continue now that the appeals court has refused to revisit its holding.

  • August 10, 2022

    Eateries Ask NC Justices To Hear Virus Coverage Appeal

    A group of 16 restaurants urged the North Carolina Supreme Court to follow the same path as at least 14 other states' high courts and hear their COVID-19 business interruption suit against Cincinnati Insurance Co., warning that the "long-term viability of many North Carolina businesses is at stake."

  • August 10, 2022

    MSG Owner Says Judge Got It Wrong In Virus Coverage Row

    The owner of Madison Square Garden and related entities have taken their opening shot in New York appellate court in their case over denied insurance coverage for COVID-19 losses, saying a lower court misinterpreted the term "physical loss or damage."

  • August 10, 2022

    La. Court Revives Suit Over Deli's Unmarked Step

    A woman who was injured after she tripped on a Louisiana eatery's unmarked step will have another chance at her case against the property's landlord after an appeals court overturned a ruling in the owners' favor because their papers weren't filed properly.

  • August 10, 2022

    SC Justices Say COVID-19 Orders Don't Trigger Coverage

    The South Carolina Supreme Court sided with a number of state high courts Wednesday in ruling that government shutdown orders implemented in response to the COVID-19 pandemic do not constitute physical loss or damage in order to trigger insurance coverage.

  • August 09, 2022

    Insurer Tells 9th Circ. It Needn't Cover City's Cleanup Deal

    Arrowood Indemnity Co. urged the Ninth Circuit to uphold a lower court's ruling that it has no duty to indemnify a California city seeking to recover $1.4 million from a settlement over soil and groundwater contamination the city said was caused by a metal plating company.

  • August 09, 2022

    Insurers Ducking Coverage In Art Forgery Row, Exhibitor Says

    An art exhibitor asked a New York federal court to stop a group of European insurers from dodging payments related to its confiscated paintings, arguing the insurers were conducting a perpetual investigation in an attempt to skip coverage.

  • August 09, 2022

    Wash. Condo Says Insurer Owes For Hidden Rain Damage

    A condo complex near Tacoma asked a Washington federal court to find that its insurers should cover hidden framing damage that the complex claims were the result of wind-driven rain.

  • August 09, 2022

    Insurer Must Cover ConMed Landlord In Chemical Hazard Suit

    A Chubb unit must cover the landlord of medical technology company ConMed's Georgia facility in an underlying suit brought by workers alleging exposure to harmful chemicals, a New York federal judge ruled Tuesday.

  • August 08, 2022

    Judge Orders Sale Funds To Cover Collapsed Condo's Taxes

    Former unit owners of the Champlain Towers South condominium in Surfside, Florida, will not have to pay 2022 taxes on the property following a ruling Monday from the judge overseeing consolidated litigation over the building's collapse last summer.

  • August 08, 2022

    Developer Asks 1st Circ. To Reassess Ruling For Chicago Title

    Rhode Island-based developer IDC Properties Inc. has asked the First Circuit to reconsider its July decision favoring Chicago Title Insurance Co., arguing it should have won coverage for the loss of development rights in a condo complex based on the ambiguous language of a master deed.

  • August 08, 2022

    Wash. HOA Sues Insurer For $8.7M In 'Hidden' Damages

    A homeowners association asked a Washington federal court to find that Oregon Mutual Insurance Co. owes it coverage for up to $8.7 million in "hidden" water damage to its condos, arguing in a complaint filed Monday that the insurer wrongfully denied its claims in bad faith.

  • August 08, 2022

    La. Condo Sues Insurer Over $4.9M Hurricane Ida Claim

    A New Orleans condo allegedly ravaged by Hurricane Ida last summer is seeking double its damages from Old Union Republic Insurance Co. in Louisiana federal court, claiming the insurer acted in bad faith and blamed water damage on balcony construction rather than the historic storm.

  • August 08, 2022

    Insurer Says Policyholder Must Cooperate In Ida Appraisal

    An insurer asked a Louisiana federal court on Monday to force a policyholder to fully participate in the appraisal process for a claim over property damage sustained during Hurricane Ida, saying delays in communication have impeded the process.

  • August 08, 2022

    Hartford Unit Settles Hurricane Irma Damage Dispute

    A Florida couple announced they have voluntarily dismissed their Hurricane Irma homeowners insurance suit against a Hartford unit after reaching a settlement with the insurer.

  • August 05, 2022

    Insurer Can't Skip Harvey Coverage, Texas Court Says

    A Texas federal judge should find that Everest National Insurance Co. has an obligation to defend a Texas mining company from lawsuits concerning Hurricane Harvey flooding, a magistrate judge recommended Friday, saying the insurer didn't show the claims fell under a pollution exclusion.

  • August 05, 2022

    Virus Losses Not Like Erased Data, IT Co. Tells Insurer

    An information technology company said its insurer is wrongly associating its suit over lost servers and data with pandemic business interruption cases that policyholders have largely lost in court, according to an Ohio federal court filing on Thursday.

  • August 05, 2022

    Ill. Condo Association Sues Insurer For 2020 Wind Damages

    An Illinois condominium association has sued the Insurance Co. of Greater New York, accusing it of not covering all the losses stemming from an August 2020 windstorm.

  • August 05, 2022

    Property Insurance Cases Of Note From The 1st Half Of 2022

    The U.S. Supreme Court's decision not to take up a pandemic coverage suit gave insurers their biggest federal win yet, while two recent policyholder victories in state court have kept hopes alive for businesses seeking coverage for their losses, placing them among the most important cases of the year.

  • August 05, 2022

    Medical Groups Ask 2nd Circ. To Pause Virus Suit Again

    A group of medical providers asked the Second Circuit to delay a decision on their COVID-19 business interruption coverage appeal against CNA Financial Corp. and its unit Continental Casualty Co. for a second time, arguing the court should allow the Connecticut Supreme Court to weigh in first.

  • August 04, 2022

    Insurer Sues To Avoid Covering McDonald's Fire

    An insurance company filed a lawsuit Thursday to avoid covering damages caused by a fire at an Illinois McDonald's, arguing that a contractor violated the policy by hiring a subcontractor that didn't have its own general liability policy of at least $5 million.

Expert Analysis

  • Recent State Rulings Buck Trend In COVID Insurance Disputes

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    For the last two years, policyholders have been mostly unsuccessful in arguing that commercial property policies should cover losses suffered due to the COVID-19 pandemic, but a trio of recent state court decisions suggests that the pendulum may swing in policyholders' favor, say attorneys at Reed Smith.

  • NY Waterborne Property Ruling Is A Warning To Policyholders

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    A New York state court's recent decision in Mill Basin v. Markel, adopting an expansive interpretation of a waterborne exclusion, is a reminder to policyholders that courts may rule against them even when case law and insurance principles are seemingly in their favor, say Catherine Doyle and Caroline Meneau at Jenner & Block.

  • 2 Reasons Why Ill. Virus Coverage Ruling Is Significant

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    An Illinois federal court's recent decision in Dental Experts v. Massachusetts Bay Insurance is especially useful due to the scarcity of relevant pandemic-related business interruption case law involving first-party policies, and because it clarifies how the cause test should be applied in similar cases, say Christopher Kuleba and Adrienne Kitchen at Reed Smith.

  • Tracking Class Certification Changes, 1 Year After TransUnion

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    In the year since the U.S. Supreme Court's TransUnion v. Ramirez decision, defense lawyers have invoked it as support for denying class certification or decertifying classes — but an analysis suggests that the main impact of the ruling has simply been closer scrutiny of class definitions by district courts, say James Morsch and Jonathan Singer at Saul Ewing.

  • What's At Stake In Fla. Insurance Appraisal Case

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    The Florida Supreme Court's decision in Weston Property & Casualty Insurance v. Riverside Club Condominium Association, determining whether trial courts should have discretion to sequence appraisal and fraud in insurance disputes, will influence how claims are handled on a national basis, say attorneys at Reed Smith.

  • Hurricane Insurance Prep Is Key For Fla. Condos And HOAs

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    As this year's hurricane season gets underway, Florida associations for homeowners, condos and communities should review their insurance policies and protocols in advance of potential inclement weather, says Kelly Corcoran at Ball Janik.

  • Property Insurance Coverage Can Hinge On 'Riot' Or 'Protest'

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    As protests erupt across the U.S. in response to the U.S. Supreme Court overturning Roe v. Wade, Alycen Moss and Elliot Kerzner at Cozen O'Connor examine important property insurance questions that depend on whether a gathering of people is classified as a protest or a riot.

  • Lessons From Calif. Liability Claim Recoupment Ruling

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    A recent California federal court decision in Evanston Insurance v. Winstar Properties illustrates the perils of insurer recoupment and underscores the importance of assessing recoupment rights, if any, throughout the claims process, say Geoffrey Fehling and Veronica Adams at Hunton.

  • Recent Decisions Are Eroding All-Risk Insurance Coverage

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    All-risk insurance coverage is under siege by insurers' broad interpretations of established exclusions, and recent decisions in New Jersey and New Hampshire have shown that courts may not protect coverage despite the policies' text and intent, says Nicholas Insua at Reed Smith.

  • Exploring Calif. Wildfire Insurance's Legislative Landscape

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    As California wildfire season approaches, elected officials and insurance companies continue to face the task of finding long-term solutions, including an increasingly important role for mitigation efforts by individual homeowners and business owners in order to protect their property, say Jan Larson and Jenna Conwisar at Jenner & Block.

  • COVID Coverage Cases Conflict With Insurer Documentation

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    A look at three court cases highlights a gap between successful insurer arguments made in litigation about policy text and the insurance industry's own understanding of the potential for property damage and business interruption coverage of virus- and disease-related claims, say professors at UConn, the University of Nevada and Queen's University.

  • Pandemic Losses Do Not Trigger Biz Interruption Coverage

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    Although Law360 has reported that there may be hope for policyholders seeking property insurance coverage for pandemic-related losses, basic contract principles and overwhelming case law show the opposite, say attorneys at Dentons.

  • 2 Calif. Insurance Decisions Question Boundaries Of Fortuity

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    Last month, California state and federal courts revisited fortuity issues in two decisions that show how the occurrence requirement and the California Insurance Code's prohibition on coverage for an insured's willful acts can be exceedingly difficult to apply to lawsuits alleging novel legal theories, say Jodi Green and Sophia von Bergen at Miller Nash.