Property

  • October 10, 2024

    Live Nation Loses COVID-19 Physical Loss Insurance Claims

    A California federal judge has tossed Live Nation's claims in a lawsuit seeking coverage from Factory Mutual for physical loss or damage stemming from the coronavirus pandemic, holding that a recent ruling by California's highest court thwarted the entertainment giant's argument that the presence of COVID-19 made its property unsafe or unusable.

  • October 10, 2024

    Insurers Win Big In Hawaii Climate Change Pollutant Suit

    The Hawaii Supreme Court's ruling that AIG doesn't need to cover a suit accusing a Sunoco subsidiary of contributing to climate change drew praise from insurance carrier attorneys for finding that greenhouse gasses are an excluded pollutant, but policyholder attorneys took satisfaction in the court's expanded view of covered occurrences.

  • October 10, 2024

    COVID Coverage Questions Linger As Challenges Wind Down

    Nationwide efforts to recover insurance payouts for COVID-19 pandemic losses met a series of setbacks in recent weeks, largely bringing major litigation to a close even as questions linger over key coverage issues that could have lasting effects.

  • October 10, 2024

    Too Early To Decide Indemnification In Flood Row, BNSF Says

    Railway giant BNSF told a California federal court that it's too early for the court to decide whether two Travelers units have a duty to indemnify BNSF in a lawsuit alleging that a track relocation project BNSF undertook caused significant flooding, noting the case is still pending.

  • October 10, 2024

    Insurance Litigation Week In Review

    A Hawaii petroleum company isn’t covered for underlying claims that it contributed to global warming, The Rockefeller University can continue to pursue bad faith and deceptive practice claims against its carriers in a coverage dispute over sex abuse claims, and an aircraft company is seeking $220 million for aircraft still in Russia. Here, Law360 takes a look at the past week's top insurance news.

  • October 09, 2024

    La. Property Owner Must Arbitrate Hurricane Damage Suit

    A Louisiana federal judge has ordered the owner of 24 commercial properties damaged by two hurricanes to arbitrate its dispute with a group of overseas and domestic insurers, rejecting the policyholder's arguments that the defendants had given up their right to arbitration by participating in early settlement talks.

  • October 09, 2024

    9th Circ. Grills Geico, Assignees Over Failed Settlement

    A Ninth Circuit panel appeared conflicted over both Geico and a policyholder's assignees' arguments regarding whether the carrier acted in bad faith toward its insured when it prioritized a release of the insured's father-in-law during failed settlement negotiations with the family of a pedestrian fatally struck by the insured driver.

  • October 09, 2024

    How Built Environment Interacts With Climate Risk

    As worsening disasters result in skyrocketing property insurance rates, CoreLogic data shows that construction decisions can cause significant variations in climate risk, even in neighboring counties.

  • October 08, 2024

    Hawaii Justices Hand AIG Win In Novel Climate Coverage Suit

    AIG isn't obligated to cover a lawsuit accusing a Honolulu-based Sunoco subsidiary of contributing to climate change, the Hawaii Supreme Court ruled, saying a pollution exclusion in the oil giant's policy encompasses greenhouse gas emissions.

  • October 08, 2024

    Insurer Says Kiwanis Abuse Claims Won't Trigger $35M Policy

    An insurer told a Washington federal judge that because its coverage only kicked in at the $35 million level, it should be dismissed from litigation seeking payment of a multimillion-dollar judgment from insurers to resolve child sex abuse survivors' claims against a foster boys home run by Kiwanis International.

  • October 08, 2024

    3rd Circ. Won't Rehear Pa., NJ Businesses' Virus Loss Suits

    The Third Circuit declined to rehear consolidated pandemic-related loss coverage disputes brought by New Jersey and Pennsylvania businesses, according to an order issued Tuesday, upholding its decision that the businesses' insurers didn't owe coverage for the claimed losses.

  • October 08, 2024

    Texas Class Wants Funding Firms To Face Hurricane Ad Suit

    A Texas magistrate judge was wrong to recommend dropping litigation funding companies from a suit alleging a law firm deceptively advertised to hurricane victims, with a proposed class of storm victims arguing the funders must have been aware of the scheme when they loaned the firm $20 million.

  • October 07, 2024

    Factory Mutual Must Fully Cover Plant Explosions, Suit Says

    Petrochemicals maker Indorama Ventures accused Factory Mutual Insurance Co. in Texas federal court Monday of wrongly refusing to fully cover roughly $100 million in losses stemming from a series of major explosions in 2019 near an Indorama plant in Texas.

  • October 07, 2024

    Title Co. Denied Early Win In $13M Hotel Investment Fight

    A California federal judge declined to grant a title company an early win in a lawsuit brought by an investor accusing it of improperly releasing the investor's $13 million contribution to a 17-hotel deal, finding that a dispute remained over multiple factual issues.

  • October 04, 2024

    Taxation With Representation: Gibson Dunn, Weil, Simpson

    In this week's Taxation with Representation, DirectTV buys EchoStar's video business for $10 billion, Marsh McLennan inks a $7.75 billion deal for McGriff Insurance, and PepsiCo closes a $1.2 billion deal to purchase Siete Foods.

  • October 03, 2024

    Eagles Insurer Bolsters Dismissal Bid In COVID Closure Suit

    The insurer for the Philadelphia Eagles on Wednesday bolstered its bid to dismiss the NFL team's suit seeking coverage for business disruption and losses caused by the COVID-19 pandemic, throwing recent case law behind its position that the pandemic's early effects on public events did not constitute physical loss entitling insurance coverage.

  • October 03, 2024

    10th Circ. Denies Gunshot Injury Coverage To Hookah Lounge

    The Tenth Circuit backed an insurer's win Thursday against a hookah lounge seeking coverage of underlying litigation over paralyzing gunshot wounds a man suffered in 2019 during a shootout between lounge security guards and an armed patron.

  • October 03, 2024

    12 Lawyers Who Are The Future Of The Supreme Court Bar

    One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.

  • October 03, 2024

    9th. Circ. To Weigh If Geico Favored Noninsured In Auto Suit

    The Ninth Circuit will hear oral arguments Wednesday over whether Geico acted in bad faith when it prioritized a release of its policyholder's father-in-law during failed settlement negotiations with the family of a pedestrian fatally struck by the insured driver, focusing on whether a "permissive-use provision" extended coverage. Here, Law360 breaks down the case in advance.

  • October 03, 2024

    Insurance Litigation Week In Review

    Employees in Colorado can seek coverage beyond workers' compensation after crashing at work, a suit over the demise of a tunnel-boring machine is finally over, the Alaska Supreme Court iced out businesses seeking COVID-19 loss coverage and Atari was allowed to pursue State Farm for using its game in a commercial. Here, Law360 takes a look at the past week's top insurance news.

  • October 03, 2024

    Calif. Eateries End COVID-19 Coverage Fight

    The operators of two high-end Napa Valley restaurants told the Ninth Circuit they have agreed to end their suit seeking to recover pandemic-related losses from a Hartford unit following the California Supreme Court's ruling in a similar case that a virus exclusion didn't render limited virus coverage illusory.

  • October 03, 2024

    D&O Expert Talks Market Trends And Predictions

    Directors and officers policyholders should keep a close eye on an evolving regulatory environment and risks related to artificial intelligence, but they can expect the market to remain stable over the next year due to increased capacity, according to CAC Specialty Senior Vice President Robert Regueiro. Here, he sits down with Law360 to talk about those issues.

  • October 02, 2024

    Climate Risk Is Turning The Tide In Buyer, Investor Behavior

    Climate risk isn't yet the kind of consideration that would make or break the average property deal. But as it becomes less of an abstract concept and more of a concrete part of due diligence, it's on the verge of causing major ripples throughout the real estate industry.

  • October 01, 2024

    Calif. Judge Won't Let Insurers Slip Mold Coverage Suit

    A California federal judge mostly refused to allow a group of insurers to escape a suit filed by the owner and operator of a 231-unit California apartment complex seeking coverage for mold under a $69 million builders risk policy.

  • October 01, 2024

    Insurers Say $40M Hurricane Claims Must Be Arbitrated

    A group of insurers led by certain underwriters at Lloyd's, London urged a Louisiana federal court to reject a group of property owners' "last-ditch effort" to avoid arbitrating their hurricane damage claims totaling over $40 million, arguing the owners "don't dispute" that the arbitration provision in their policy is enforceable.

Expert Analysis

  • Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'

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    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.

  • Sublimit And Policy Interpretation Lessons From Amtrak Case

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    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.

  • Climate Among Many Factors Driving Up RE Insurance Costs

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    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.

  • Fla. Insurer-Breach Cases Split On Unrepaired Property Issue

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    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.

  • NY Banking Brief: All The Notable Legal Updates In Q3

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    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.

  • 3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim

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    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.

  • What To Know About Insurance Coverage For Antitrust Risks

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    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.

  • Keys To Successful Commercial Property Insurance Claims

    Excerpt from Practical Guidance
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    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.

  • Notable Q2 Updates In Insurance Class Actions

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    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.

  • 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.