Property

  • January 18, 2022

    Insurer Fights NC Theaters' 7th Circ. Virus Coverage Appeal

    A Tokio Marine unit argued Tuesday that the Seventh Circuit correctly dismissed a COVID-19 coverage appeal last month and should do so again in a separate case from a North Carolina movie theater chain.

  • January 18, 2022

    Consultancy Asks 5th Circ. To Revive Virus Coverage Suit

    A business consultancy and a property management company asked the Fifth Circuit to revive their COVID-19 coverage suit against an Allianz unit, arguing that their policy contains a communicable diseases provision not often found in standard commercial insurance policies.

  • January 18, 2022

    No New Trial For Restaurant Group In COVID Coverage Row

    A Missouri federal judge denied a Midwest restaurant operator's bid for a new trial against Cincinnati Insurance Co. for coverage of pandemic-related losses, rejecting on Tuesday the company's argument that the jury was improperly instructed.

  • January 18, 2022

    11th Circ. Backs Liberty Mutual Win Over Hotelier's Virus Suit

    A Georgia-based hotel operator isn't entitled to coverage for its pandemic losses from a Liberty Mutual unit, an Eleventh Circuit panel decided, upholding a finding that the operator didn't claim any physical loss required for coverage.

  • January 18, 2022

    Norton Rose Avoids DQ In $340M COVID Coverage Suit In NY

    Norton Rose Fulbright will not be disqualified from representing an insurer against global research firm Gartner Inc. in a $340 million dispute over COVID-19 event cancellation coverage after a New York federal court found a conflict involving Gartner and Norton Rose isn't enough to boot the law firm.

  • January 18, 2022

    Justices Will Not Review Lloyd's Arbitration Fight

    The U.S. Supreme Court will not review a Ninth Circuit decision permitting a group of British insurance underwriters to force arbitration of a dispute over coverage for property damage caused by Hurricane Harvey despite a state law barring the arbitration of such feuds.

  • January 14, 2022

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its 2021 Practice Groups of the Year awards, which honor the attorney teams behind litigation wins and major deals that resonated throughout the legal industry this past year.

  • January 14, 2022

    The Firms That Dominated In 2021

    Nine law firms have earned spots as Law360's Firms of the Year, with 52 Practice Group of the Year awards among them, having steered complex deals and won high-profile victories including at the U.S. Supreme Court.

  • January 14, 2022

    Judge Sets Early Mediation For Surfside Collapse Defendants

    A week after reluctantly agreeing to push back the trial date in the proposed class action brought by victims of the June collapse of a Surfside, Florida, condominium tower, a state judge took steps Friday to encourage an earlier resolution by setting mediation deadlines for the various defendants.

  • January 14, 2022

    War Exclusion Doesn't Bar Merck's $1.4B Cyber Loss

    Property policies' war exclusions do not apply to cyberattacks, a New Jersey state court ruled, siding with pharma giant Merck & Co.'s stance that its insurers cannot assert the exclusion to avoid coverage of its more than $1.4 billion losses from a 2017 cyberattack.

  • January 14, 2022

    Attys Say State High Courts Should Weigh COVID Issues

    COVID-19 coverage issues should continue to be sent to the highest courts in each state instead of being decided piecemeal by federal courts, policyholder attorneys told Law360 on the same day that the Seventh Circuit heard four more cases over denied insurance coverage for losses during the pandemic.

  • January 14, 2022

    Allied Wants Win In $3M Water Facility Damage Suit

    Allied World Assurance Co. told a Florida federal court that it is entitled to recover more than $3 million from Travelers Property Casualty Co., saying the insurer breached an "all risk" policy when it denied coverage to a contractor for losses sustained during a water treatment plant project.

  • January 14, 2022

    1 COVID Case Wasn't Insured 'Outbreak' At NJ Preschool

    A Goddard preschool in New Jersey can't demand COVID-19 coverage from its insurer under its policy for "communicable disease" because a single case at the school wasn't an "outbreak" that led to the statewide shutdown, a Pennsylvania federal judge ruled Friday.

  • January 14, 2022

    Marketing Co. Asks 9th Circ. To Revive Virus Coverage Suit

    A California-based marketing company asked the Ninth Circuit to revive its pandemic coverage suit against a CNA unit, saying that the presence of the coronavirus at its Newport Beach offices caused the kind of physical loss required for coverage.

  • January 14, 2022

    Florida Justices Set To Tackle 'Disinterested' Appraiser Debate

    The Florida high court recently agreed to address what it means for an appraiser to be "disinterested," in a case that will impact who can be hired by policyholders as part of the often-contentious insurance appraisal process in the Sunshine State.

  • January 14, 2022

    Blank Rome Leaders Say Success Lies In Diversity, Teamwork

    Nearly six years ago, more than 100 attorneys from Dickstein Shapiro joined Blank Rome LLP's Washington, D.C., and New York offices, including members of a policyholder-only insurance recovery team that hit the ground running on the way to become a nationally recognized squad.

  • January 13, 2022

    Insurer Hit With RICO Suit For Underpaying Hurricane Claims

    A general contractor in Florida filed a racketeering suit Thursday against United Property & Casualty Insurance Co., accusing the insurer of running an "unlawful and unethical scheme" to deny and underpay claims for property damage caused by Hurricane Irma.

  • January 13, 2022

    2nd Circ. Says Earlier Ruling Disposes Of Delis' Virus Suit

    The Second Circuit upheld tossing a proposed class action coverage dispute Thursday brought by the owners of three delis over pandemic-related losses, saying it previously found that the inability to use a property due to government orders does not constitute physical loss or damage.

  • January 13, 2022

    Reinsurer Launches With MassMutual, Centerbridge Support

    A new life and annuity reinsurer with financial support from Massachusetts Mutual Life Insurance Co., Centerbridge Partners, Brown Brothers Harriman and other investors launched after raising $1.65 billion of initial equity, according to a news release.

  • January 13, 2022

    Building Supplies Demand, Inflation May Raise Colo. Fire Loss

    Demand surge and rising inflation on building costs are expected to heighten loss estimates from the Colorado wildfire in December, according to a report by market analysts at AM Best, which cited an anticipated $1 billion in total losses.

  • January 13, 2022

    Rising Inflation Could Damage Reinsurers' Credit, Report Says

    Rising inflation could hurt reinsurers and their credit profiles if left unabated, market analyst Fitch Ratings said in a report, while warning of particularly damaging effects on the kinds of claims liabilities that take a longer time to resolve.

  • January 13, 2022

    NM Eye Practice's Virus Coverage Suit Survives Dismissal Bid

    An ophthalmology and optometry practice in New Mexico avoided dismissal of its COVID-19 coverage suit after a state judge denied Cincinnati Insurance Co.'s effort to get the suit dropped.

  • January 13, 2022

    NJ Firm Says Hartford Misses Mark In Virus Coverage Fight

    Fleming.Ruvoldt PLLC blasted a Hartford unit's bid to escape the firm's lawsuit over the denial of insurance coverage for COVID-19 pandemic losses, telling a New Jersey state court that the insurer's defense argument ignores the unique nature of the firm's claims.

  • January 12, 2022

    Property Owner Fights Arbitration Of $3.3M Coverage Claim

    A Louisiana property owner urged one of the state's federal courts on Wednesday to not send its Hurricane Laura coverage action to arbitration, arguing that its insurers are not foreign entities that can compel arbitration under an international treaty. 

  • January 12, 2022

    8th Circ. Mulls Virus Exclusion COVID-19 Coverage Suit

    The Eighth Circuit pondered on Wednesday if it can affirm dismissal of four dental practices' proposed class suit with Hartford units over pandemic-related losses based on the federal appellate court's previous ruling and if it can skip addressing a virus exclusion in the policies. 

Expert Analysis

  • 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.

  • Insurance Commissioner's Agenda: NY On Industry Diversity

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    My Chi To, executive deputy superintendent of the New York State Department of Financial Services Insurance Division, discusses steps her agency is taking to promote diversity, equity and inclusion within the insurance industry and suggests practices for companies to consider adopting.

  • 9th Circ. COVID Coverage Ruling Misapplies Burden Of Proof

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    The Ninth Circuit’s recent decision in Mudpie v. Travelers Casualty Insurance, dismissing a COVID-19 insurance coverage claim, incorrectly applied the burden of proof to the policyholder instead of the insurer, disregarding the crucial differences between third-party liability and first-party all-risks insurance policies, says Lee Epstein at Flaster Greenberg.