Property

  • April 10, 2024

    La. Top Court Asked To Hear Insurance Arbitration Questions

    The Louisiana Supreme Court should examine the enforceability of arbitration clauses in certain insurance contracts as lawsuits seeking coverage for hurricane damage mount, a Louisiana district court said, certifying a series of questions to the state high court after the Fifth Circuit found they were enforceable.

  • April 10, 2024

    'Let's Get Physical': Pa. Justices Tune In To COVID-19 Coverage

    One of late singer Olivia Newton-John's greatest hits struck a chord with a Pennsylvania Supreme Court justice Wednesday as he considered whether insurers should cover business losses stemming from government shutdown orders during the COVID-19 pandemic 

  • April 10, 2024

    Ex-Trump Finance Chief Weisselberg Jailed For Perjury

    A New York state judge on Wednesday sentenced former Trump Organization Chief Financial Officer Allen Weisselberg to five months in jail for lying under oath in the attorney general's civil fraud case against Donald Trump and his business associates, imprisoning a close ally of the former president on the eve of his hush-money trial.

  • April 09, 2024

    9th Circ. Says Hotel, Restaurant Virus Losses Not Covered

    The Ninth Circuit on Tuesday said two groups of Washington state restaurants and hotels can't claim COVID-related business losses under their insurance policies because they failed to show they physically lost functional use of their properties as a result of the virus.

  • April 09, 2024

    4th Circ. Tosses Duty To Defend Case Over Oil Co.'s Objection

    The Fourth Circuit said Tuesday that a West Virginia oil and gas company lacked standing to continue an appeal that was originally brought by a green grower, which had sought coverage from its insurer for an underlying $4 million land use dispute with the extractor.

  • April 09, 2024

    Insurance Firm Will Pay $4M To End Calif. Wage Class Action

    A California federal judge gave the green light to a $4 million class action settlement resolving allegations that an insurance and risk management company didn't closely track workers' hours, which resulted in underpayment for over 2,100 workers. 

  • April 09, 2024

    Trump Opposes NY Monitor Probe After Exec's Perjury

    Attorneys for Donald Trump argued against allowing a court-appointed monitor of the Trump Organization to look into supposed discovery lapses in the New York attorney general's civil business fraud case related to a perjury plea by the company's former longtime Chief Financial Officer Allen Weisselberg.

  • April 09, 2024

    Embattled Houston Law Firm Files Ch. 11

    Insurance law firm MMA Law Firm on Tuesday filed for Chapter 11 protection in a Texas bankruptcy court, weeks after a federal judge declined to toss a suit seeking class damages over the Houston firm's allegedly illegal efforts to solicit clients in hurricane-related property damage cases.

  • April 08, 2024

    AIG Acted In Bad Faith In Hurricane Dispute, Homeowners Say

    Owners of a $95 million oceanfront mansion near Miami told jurors Monday that AIG should be punished for acting in bad faith in handling a claim for damage from Hurricane Irma, saying the company repeatedly prioritized maximizing profits at the expense of customer service.

  • April 08, 2024

    Texas School District Not Immune In Arbitration Row

    A Texas school district isn't immune from a lawsuit by its insurers seeking to appoint an umpire in a $10 million hurricane damage dispute, a New York federal court ruled Monday, finding the district doesn't meet the standards set under the 11th Amendment.

  • April 08, 2024

    Conn. Law Firm Demands Insurer Pay More For Leak In Office

    A Connecticut law firm and a real estate company have accused their insurer of failing to fully cover damage from a leak at their New Haven offices despite a $2.2 million policy in a suit removed to Connecticut federal court by the insurer.

  • April 08, 2024

    Insurer Fights 3rd Circ. Bid To Revive Crash Coverage Suit

    An insurer has urged the Third Circuit to affirm that a Pennsylvania couple couldn't claim it had acted in bad faith by failing to immediately cover the husband's brain injuries from a crash with an underinsured motorist.

  • April 05, 2024

    NJ Recycler's Fire Damage Suit To Remain In NJ, Judge Rules

    A New Jersey federal judge declined to move a paper recycler's fire coverage dispute to New York, but did agree to toss one of its claims against its insurer, finding the recycler's declaratory judgment and breach of contract claims were duplicative.

  • April 05, 2024

    Conn. Court Limits Payouts For Underinsured Motorist Policies

    Siding with Safeco Insurance Co. and overturning a lower court's calculations, the Connecticut Appellate Court on Friday cemented the insurance industry's ability to escape underinsured motorist claims by injured policyholders whose coverage equals that of drivers at fault, even when at-fault drivers' insurers divvy up smaller payments.

  • April 05, 2024

    Pa. Supreme Court Snapshot: COVID Coverage Starts Spring

    The Pennsylvania Supreme Court's April lineup will prepare the justices to deliver highly anticipated guidance on whether business losses stemming COVID-19 pandemic orders should be covered by insurance and if Pittsburgh can compel rental-property owners to register and undergo training.

  • April 05, 2024

    Chinese Insurer Awarded Nearly $15M Over Hotel Theft Suit

    A California federal judge awarded a Chinese insurer nearly $15 million in damages after a man accused of conspiring to fraudulently claim ownership of New York City's JW Marriott Essex House Hotel and other luxury properties failed to appear in the action.

  • April 04, 2024

    Homeowner Asks 9th Circ. To Rethink Fire Coverage Ruling

    A woman who was prevented from coverage of a 2021 house fire by the Ninth Circuit asked the court to rehear her case, arguing among other things that she did not lie to her insurer about renting her home, because she didn't fill out the insurance application.

  • April 04, 2024

    Trump Fraud Appeal Spotlights Underwriting Irregularities

    Donald Trump's ongoing challenge to a $465 million civil fraud judgment for a decadelong valuation fraud conspiracy raises questions about insurance procedures, how underwriters price risk and who is harmed by the alleged fraud perpetrated by the former president and his associates.

  • April 04, 2024

    Insurance Litigation Week In Review

    The Ninth Circuit heard a coverage dispute over an unsuccessful shipwreck salvaging expedition, Delaware's justices agreed to consider whether an ex-Xerox unit tried to defraud insurers into covering a $236 million settlement, and the owner of Washington, D.C., professional sports teams ended its bid for COVID-19 coverage.

  • April 04, 2024

    A College Professor's Approach To Insurance

    A strong education is crucial to address the role insurance plays on both the personal and professional level — something University of Georgia professor Rob Hoyt demonstrates in his classroom. Here, Law360 speaks to Hoyt about how research, teaching and service guide his work.

  • April 04, 2024

    NY AG Wants Trump Insurer To Guarantee $175M Bond

    New York Attorney General Letitia James asked a Manhattan judge Thursday to make sure the California insurer that agreed to post Donald Trump's $175 million bond in his civil business fraud case can actually pay.

  • April 04, 2024

    Last-Resort Insurers Grapple With Increasing Exposure

    Insurance pools meant to serve as backstops for consumers shut out of traditional markets are grappling with increased exposure to natural disasters, according to experts and market data, a trend that observers say is concerning as climate change intensifies storms.

  • April 04, 2024

    Surfside, Fla., Condo Collapse Victims To Get Additional $4.8M

    A Florida judge signed off Thursday on an additional $4.8 million distribution to the victims of the deadly collapse of the Champlain Towers South condominium after the receiver overseeing the defunct condominium association told the court the association had fewer financial obligations and tax liabilities than expected. 

  • April 03, 2024

    5th Circ. Remands Roof Tile Row To Texas District Court

    State Farm and a couple must further litigate whether there's coverage for hailstorm-related roof repairs under a policy provision covering costs to keep their home up to code, the Fifth Circuit ruled, finding a genuine factual dispute over whether replacement roof tiles interlock with original ones.

  • April 03, 2024

    Insurer Says Rail Co. Must Pay In $400K Spoiled Chicken Suit

    Over $400,000 worth of frozen chicken thighs rotted on the move to Oregon, and an insurer who covered the putrid loss told a South Carolina federal court that the rail company responsible should pay for the screw-up.

Expert Analysis

  • Indirect Hurricane Ian Losses Could Be Covered By Insurance

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    Even companies indirectly affected by Hurricane Ian — for instance, by losses in their supply chain — should review their commercial property policies as they might benefit from specific insurance clauses covering these types of losses, says William Wagner at Taft.

  • Lessons From 1st COVID Biz Interruption Policyholder Verdict

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    Robyn Anderson at Lathrop examines what made Baylor College of Medicine's recent COVID-19 business interruption case a success in Texas state court, and considers whether this first win on behalf of an insured is an outlier or a sign of more to come.

  • State COVID Insurance Rulings Highlight Errors In Dismissals

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    Recent California and Vermont decisions in favor of policyholders, along with a $48 million jury verdict in Texas, underscore the error that courts are making by dismissing COVID-19 business interruption lawsuits at the pleading stage without consideration of the facts and evidence in each case, say Joseph Niczky and Michael Levine at Hunton.

  • Fla. Evidence Code Update Lowers Burden For Image Use

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    Florida's recent evidence code change permits judicial notice of images and certain other graphics, a hugely meaningful development for litigants across a wide range of practice areas, though the effect will likely be immediately felt in property insurance cases, say Eve Cann and David Levin at Baker Donelson.

  • Courts Are Not Shifting On COVID Biz Interruption Stance

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    Although a recent Law360 guest article suggested that the pendulum is about to swing in favor of policyholders seeking business interruption coverage for pandemic-related losses, the larger body of appellate case law — applying the laws of 25 states — continues to find no coverage, say attorneys at Dentons.

  • What Snap Removal Debate Means For Insurance Disputes

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    A potential circuit split regarding the permissibility of snap removal to federal court, which allows defendants to circumvent the forum defendant rule, is particularly a concern in insurance cases due to the difficulty of removing such cases, and the perception that some state courts are more favorable to policyholders, says Greg Mann at Rivkin Radler.

  • Questions Remain On Computer Fraud Coverage For Phishing

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    There are questions regarding the applicability of computer fraud coverage to phishing scheme losses in the wake of the Ninth Circuit's decision in Ernst & Haas v. Hiscox earlier this year, with a backdrop of differing case results and evolving fact patterns over the past few years, say Robert Callahan and Melissa D’Alelio at Robins Kaplan.

  • Storm Insurance Considerations For Cos. New To Florida

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    As more and more businesses migrate to Florida, commercial property owners and tenants should carefully consider specific contract terms in order to avoid insurance issues and litigation in the event of storm damage, say Philippe Lieberman and Marko Cerenko at Kluger Kaplan.

  • Business Insurance Considerations Amid Conflict In Ukraine

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    As the conflict in Ukraine continues to wreak havoc on global business operations and supply chains, companies should carefully assess all the various types of insurance coverage that may mitigate corporate losses, say attorneys at Morgan Lewis.

  • 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.

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