Property

  • February 23, 2024

    La. Hotel Owner Must Arbitrate Hurricane Ida Damage Claims

    A Louisiana federal judge has ordered the owner of an extended-stay hotel near New Orleans to go to arbitration with a group of insurers over coverage for damage caused by Hurricane Ida, finding that the policy under dispute contains a valid arbitral clause.

  • February 23, 2024

    Insurance Litigation Week In Review

    From maritime contracts’ choice-of-law provisions to a question on how far an agency can steer companies from contracting with controversial groups, the past week saw two insurance-related cases before the U.S. Supreme Court, plus litigation over a mass shooting and a casino operator’s claims that its “unique” policy covers pandemic losses. Here, Law360 recaps the week's top insurance news. 

  • February 23, 2024

    The New BIPA? Attys Warn GIPA Is A 'Live Grenade'

    After notable appellate victories in biometric privacy cases, Illinois plaintiffs have seized upon a previously little-used law protecting workers' genetic privacy, leaving defense attorneys wondering if history will repeat itself and open companies to potentially explosive liability. 

  • February 23, 2024

    Travelers Can't Duck Payout In Warehouse Fire Reversal

    A New York federal court has rejected Travelers' bid for additional discovery in a coverage dispute involving a textile importer whose goods were destroyed in a warehouse fire, after the Second Circuit vacated the insurer's early win in December and remanded for a judgment in the importer's favor.

  • February 23, 2024

    Insurance M&A Partner From Sidley Joins Kirkland

    Kirkland & Ellis LLP has added a corporate partner in its insurance transactions and regulatory and financial institutions practice groups, bringing on a former Sidley Austin LLP attorney who said he "couldn't be more excited" to join the firm's Chicago office.

  • February 23, 2024

    Judge Reverses Self, Says Hurricane Ad Suit Should Continue

    Reversing her earlier decision, a federal magistrate judge has issued a preliminary ruling in favor of a woman who alleges that troubled Houston law firm McClenny Moseley & Associates PLLC and associated companies bombarded Louisiana hurricane victims with illegal marketing.

  • February 23, 2024

    Trade Group Tells NC Justices COVID-19 Losses Not Covered

    A dozen North Carolina eateries are not owed coverage for pandemic-related losses, the American Property Casualty Insurance Association told the state's highest court, saying the policies at issue were never intended to cover economic damages "untethered" to physical loss or damage.

  • February 26, 2024

    Justices' Maritime Insurance Ruling Retains Tilted Status Quo

    When the U.S. Supreme Court ruled last week that an insurer can enforce choice-of-law provisions in a marine insurance policy it issued to the owner of a yacht that ran aground, it upheld existing practices that give insurers the upper hand over policyholders.

  • February 22, 2024

    ATV Accident Coverage Win Remanded Over Kid's Residency

    A Missouri appeals court remanded a lower court's decision over whether a father's farm insurance covered the $1 million in damages inflicted on his daughter after an ATV accident, saying that the central question of whether the child resided at her father's home or at his ex-wife's was still unresolved.

  • February 21, 2024

    Nationwide Says Walmart Should Pay NY Humidifier Fire Costs

    Walmart should pay for a $165,000 blaze ignited by a humidifier it sold to a Long Island, New York, woman, Nationwide told a New York federal court Wednesday.

  • February 21, 2024

    Uber Says Insurers Failed To Cover Dozens Of Injury Suits

    Uber's insurers failed to live up to their obligations to defend the company and its for-hire drivers in dozens of personal injury lawsuits, the ride-hailing giant claims in two suits filed in New York federal court, saying that the companies' conduct had a negative impact on thousands of New York City drivers.

  • February 21, 2024

    No Property Coverage For Maui Wildfire, Insurer Says

    A condominium association and its property manager have no coverage for property damage claims stemming from the 2023 Maui wildfires, their insurer told a Hawaii federal court, arguing that a property damage exclusion in their errors and omissions policy wholly bars coverage.

  • February 20, 2024

    Casinos Say 'Unique' Policy Should Cover $130M COVID Loss

    A casino operator with properties on the Las Vegas Strip and beyond told a Nevada federal court that its "unique" all-risk insurance is the broadest available coverage and should pay for $130 million in business interruption losses caused by the COVID-19 pandemic.

  • February 20, 2024

    Eateries' Virus Losses Not Covered, Insurer Tells NC Justices

    Cincinnati Insurance Co. urged the North Carolina Supreme Court to affirm its win in a dispute with more than a dozen eateries over coverage for pandemic-related losses, saying government shutdown orders do not constitute direct physical loss or damage required to trigger coverage.

  • February 20, 2024

    Insurers Say Pollution Exclusion Bars Cancer Suits Defense

    An oil company accused of causing four people to develop cancer through exposure to harmful chemicals should not have coverage for its defense of the claims, according to four Nationwide units that told an Illinois federal court the company has no pollution coverage.

  • February 16, 2024

    4th Circ. Won't Revive Car Dealer's Hurricane Coverage Suit

    The Fourth Circuit declined to revive a South Carolina car dealership's lawsuit seeking coverage from an AIG unit for losses the business sustained from Hurricane Dorian in 2019, agreeing with a district court that there was no link between a government evacuation order and physical damage that would warrant civil authority coverage.

  • February 16, 2024

    Condo Co., Insurer Settle Proposed Class Action Coverage

    A Miami condominium, its former management company and various insurers agreed to settle coverage for a proposed class action accusing the condominium companies of allowing the building to deteriorate, a Florida federal judge said Friday, staying the coverage litigation while the parties finalize the deal.

  • February 16, 2024

    Barge Co., Insurer End Pollution Cleanup Coverage Fight

    A Washington barge company and its insurer reached an agreement in a dispute over coverage of legal expenses stemming from claims that the company was liable for environmental pollution at an EPA cleanup site, according to a notice filed in Washington federal court.

  • February 15, 2024

    Second Carrier Seeks To Toss Four Seasons Coverage Row

    A subcontractor's insurer joined another carrier in urging a New York federal court to dismiss a general contractor's lawsuit seeking coverage in a $1 million underlying action over damage to a Four Seasons hotel in midtown Manhattan, arguing that the faulty workmanship claims don't constitute an occurrence under its policy.

  • February 15, 2024

    Zurich Owes $554K Over Faulty Construction Work, Erie Says

    Erie Insurance Co. told a D.C. federal court Thursday that a Zurich unit wrongly denied coverage to Erie-insured subcontractors for over $554,000 in damage stemming from faulty work at a government agency renovation project, arguing Zurich has cited the wrong coverage form to deny liability.

  • February 15, 2024

    9th Circ. Backs Homeowners' Cert. In Allstate Overcharge Suit

    Allstate will have to face a class action accusing it of artificially inflating home insurance premiums for thousands of California properties by double-counting built-in garage space, a Ninth Circuit panel ruled, affirming a lower court's decision.

  • February 14, 2024

    Fla. Condo Says Chubb Unit Stalled On $7M Storm Claim

    A Florida Keys condominium has sued a Chubb unit over coverage related to $7.3 million worth of damage sustained during a 2017 hurricane, saying the company breached "industry standards" by dragging its feet on a claim and issued an amount less than what was needed for repairs.

  • February 14, 2024

    Contractor Owes $13M To Cover Virus Defaults, Insurer Says

    A Michigan-based insurer asked a Florida federal court Wednesday to grant a default final judgment in its indemnification suit against a contractor, seeking to force the company to cough up nearly $13 million to reimburse payments against its surety bonds and protect the insurer from future claims.

  • February 14, 2024

    Insurer Wants Out Of Covering SC Club Shooting

    A Nationwide unit has told a South Carolina federal court it doesn't have to defend a nightclub operator against a former patron's negligence suit, arguing that an assault and battery exclusion in its liquor liability policy bars coverage for the claimant's shooting-related injuries.

  • February 14, 2024

    $600K In Dairy Queen Fire Damages Not Covered, Court Told

    A Dairy Queen franchisee is attempting to overstep boundaries by asking for more coverage than the policy provides, its insurer told a Texas federal court, saying the restaurant's claim stems from the business's personal property damage from a fire at a leased location.

Expert Analysis

  • How VA Court Change Is Affecting Insurance Disputes

    Author Photo

    The expansion of the Virginia Court of Appeals' jurisdiction to include review of decisions involving insurance coverage stands to significantly grow the body of related case law, likely to the benefit of policyholders, as evident in the recent decision in Bowman II v. State Farm Fire and Casualty Co., say Michael Levine and Olivia Bushman at Hunton.

  • Ore. Insurance Ruling Opens Door To Extracontractual Claims

    Author Photo

    The Oregon Supreme Court's recent Moody v. Oregon Community Credit Union decision expanding an insurer's potential liability when adjusting life insurance policies exposes insurers to extracontractual tort liability, and the boundaries of this application will likely be tested through aggressive legal action, says Tessan Wess at GRSM50.

  • A Key Tool For Calif. Policyholders With Nonadmitted Insurers

    Author Photo

    As insurers increasingly flee California and residents of the Golden State are forced to insure their properties with nonadmitted insurers, it is crucial to understand the Unauthorized Insurers Process Act, a critical but underutilized tool for policyholders, say Keith Meyer and Kya Coletta at Reed Smith.

  • How Merck Settlement Can Inform Cyberinsurance Approach

    Author Photo

    This month's settlement in Merck v. ACE spotlights how cyber exclusions have evolved since the significant decision in the case — allowing for insurance coverage despite the presence of a policy war exclusion — and where else corporate risk managers may look for coverage in case of a cyberattack, say attorneys at McGuireWoods.

  • What's In NY's Draft Guidance On AI Use In Insurance

    Author Photo

    Last week, the New York State Department of Financial Services released proposed guidance for insurers on the use of artificial intelligence systems and external consumer data and information sources for underwriting and pricing purposes, and these standards will likely help form the basis of an eventual nationwide insurance regulatory framework on AI, say attorneys at Sullivan & Cromwell.

  • Insured Takeaways From 10th Circ. Interrelated Claims Ruling

    Author Photo

    The Tenth Circuit's recent ruling in American Southwest Mortgage v. Continental Casualty that multiple claims arising from consecutive audit years were interrelated — and thus subject to a per claim limit — creates a concerning precedent for policyholders, so companies should negotiate relevant policy language, says Michael Stockalper at Saxe Doernberger.

  • 3 Significant Ohio Insurance Updates From 2023

    Author Photo

    The past year saw some significant changes and developments in Ohio's insurance coverage landscape, from new bad faith discovery mechanisms relating to out-of-state property to the Ohio Supreme Court's interpretation of what constitutes an assault or battery for coverage purposes, say Jenna Pletcher and William Peseski at Brouse McDowell. 

  • Policyholders Must Object To Insurer Reorganizations

    Author Photo

    When insurance companies reorganize, policies often take years to ultimately pay out a fraction of what is owed, so policyholders should organize and urge insurance commissioners to take action when retroactive reinsurance deals are announced, says Jonathan Terrell at KCIC.

  • SEC, NY Cybersecurity Rules Create Complexity For Insurers

    Author Photo

    Two separate cybersecurity rules recently adopted by the New York Department of Financial Services and the U.S. Securities and Exchange Commission pose distinct challenges for insurance industry participants, with important interactions, and potential tensions, for those required to comply with both frameworks, say attorneys at Debevoise.

  • 5 Trends To Watch In Property And Casualty Class Actions

    Author Photo

    In 2023, class action decisions have altered the landscape for five major types of claims affecting property and casualty insurers — total loss vehicle valuation, labor depreciation, other structural loss estimating theories, total loss vehicle tax and regulatory fees, and New Mexico's uninsured and underinsured motorist coverage sale requirements, say Mark Johnson and Mathew Drocton at BakerHostetler.

  • Insurance Considerations For Cos. Assessing New AI Risks

    Author Photo

    Because no two businesses will have the same artificial intelligence risk profile, they should consider four broad risk categories as a baseline for taking a proactive approach to guarding against AI-related exposures, say attorneys at Hunton.

  • AI Brings New Insurance Concerns For Healthcare Providers

    Author Photo

    As the healthcare industry increasingly invests in medical artificial intelligence tools, it confronts a variety of liability risks that necessitate careful consideration and potential recalibration of providers' insurance programs, say Marialuisa Gallozzi and Megan Mumford Myers at Covington.

  • Superfund Site Reopenings Carry Insured Risk, Opportunity

    Author Photo

    The U.S. Environmental Protection Agency's reported plans to reopen certain Superfund sites citing the presence of per- and poly-fluoroalkyl substances raise notable liability concerns, but may also present unique opportunities for policyholders under the Comprehensive Environmental Response, Compensation, and Liability Act, say attorneys at Haynes and Boone.