Property

  • January 18, 2024

    Insurers, Flooring Co. Notch Partial Win Over Gym Fire Suit

    A high school that accused a flooring company of causing a gym fire cannot seek damages related to gym improvements, higher insurance costs and mental anguish, a Louisiana federal court ruled, stopping short of deciding whether the school retains standing to sue the company or the company's insurers to begin with.

  • January 17, 2024

    Rented Lamborghini Not Covered For $200K Crash Into Tree

    A New Jersey federal judge on Wednesday granted California Casualty & Fire Insurance Co.'s request for a declaration that the insurer does not have to cover damages for a totaled $200,000 Lamborghini that was crashed while rented, finding that the insurer's policy excludes coverage for the car.

  • January 17, 2024

    Wash. Law Firm Says Travelers Must Cover Employee Theft

    Seattle law firm Karr Tuttle Campbell has sued Travelers Indemnity Company of Connecticut in Washington federal court, accusing the insurer of violating the state's consumer protection law by denying coverage after a former firm employee allegedly made $136,000 in unauthorized charges on a credit card.

  • January 17, 2024

    Ind. Court Reverses Banquet Hall's Fire Coverage Win

    A scorched Indiana banquet hall isn't entitled to $1 million in income protection under its commercial insurance, a state appeals court panel found, unanimously reversing a trial court's ruling because unambiguous policy language precluded the extra coverage.

  • January 17, 2024

    Insurers Resist Defense Demands From Pulte Build Flaws

    An insurance company wants a jury trial after facing a lawsuit along with 18 others in Arizona federal court from an affiliate of homebuilder Pulte to compel coverage for claims of construction deficiencies on an Arizona master-planned development.

  • January 17, 2024

    Barge Co. Says Insurer Reneged On Superfund Suit Coverage

    A Washington barge company said its insurer owes it coverage for legal expenses in an underlying lawsuit claiming the company is liable for environmental pollution at an Oregon Superfund site, according to a complaint moved to federal court Tuesday.

  • January 17, 2024

    Insurer Owes $900K In Coverage For Mold Cleanup, Court Told

    A contractor told a North Carolina federal court that its insurer wrongly denied coverage for nearly $900,000 in mold remediation expenses it incurred on a building project, asserting that the insurer conflated its standalone environmental legal liability policy with a different policy.

  • January 17, 2024

    Kan. Judge Trims Misrepresentation Claims Against Adjuster

    A Kansas federal judge significantly narrowed an office building owner's negligent misrepresentation claim against a third-party adjuster for AmGuard, finding the company did not show evidence for most of the alleged falsehoods.

  • January 17, 2024

    Fla. Contractors May Get Another Chance In Malpractice Suit

    A Florida storm-damage contractor should get "one last chance to file a proper complaint" in a $1 million dispute over a soured relationship between the business and its lawyers, a Florida federal judge recommended Tuesday.

  • January 16, 2024

    Sports Co. Wants Coverage Apart From CEO Accused Of Rape

    A sports equipment company asked a Washington federal judge Tuesday not to conflate it with its CEO when determining whether to allow an insurer to escape defending the leader and his company against underlying sexual assault allegations.

  • January 16, 2024

    Assurant Unit Escapes NC Brewery's Flood Insurance Suit

    A North Carolina federal judge dismissed an Assurant unit from a brewing company's National Flood Insurance Program coverage suit, finding Tuesday that the brewery had no valid claim for damage to a building that was not insured under its policy.

  • January 16, 2024

    Cement Co. Rips Insurer Bid To Slip Demurrage Fee Coverage

    A Houston-based cement supply company challenged Liberty Mutual's attempt to avoid paying coverage for more than $780,000 in demurrage charges incurred during cleanup of a shipping mishap, telling a Louisiana federal court the charges are a proper expense under a so-called sue and labor clause.

  • January 16, 2024

    Coverage Case Over Defective Miami Highway Heads To Trial

    A joint venture tasked with a Miami bridge and highway project will have its day in court against an insurer that refused to cover more than $3.6 million in construction defects, a Florida federal court found.

  • January 16, 2024

    ​​​​​​​24 Hour Fitness Asks To Keep COVID Coverage Claims Alive

    Gym chain 24 Hour Fitness has urged a Delaware bankruptcy judge to not dismiss the adversary proceedings in its Chapter 11 case seeking insurance coverage for the shutdown of the company's fitness clubs during the COVID-19 pandemic, opposing motions for summary judgment leveled by an Allianz subsidiary and other insurers.

  • January 16, 2024

    Condo Assn., Nationwide Units Settle $2.5M Coverage Row

    A Seattle-area condo association has told a Washington federal court it reached a settlement with a group of Nationwide units, ending its bid to get more than $2.5 million in coverage for hidden water damage discovered throughout its complex.

  • January 12, 2024

    Farmers Must Arbitrate $2M Row Against Insurer, Judge Rules

    A Michigan federal judge dismissed a pair of farmers’ claims against two insurers and the United States Department of Agriculture, stating that the claims suffer from “numerous threshold issues,” ordering one insurer to move forward with arbitration with the farmers a $2 million insurance claim.

  • January 12, 2024

    Travelers Says No Indemnity For HVAC Co. In Defect Suit

    A Travelers unit told a California federal court Friday that it has no duty to indemnify an HVAC company in a dispute over defects at a San Francisco apartment building alleged by the property owner, citing a number of policy exclusions.

  • January 12, 2024

    Insurer Seeks To Toss Challenge To Bombing Coverage Award

    A Nashville, Tennessee, property owner can't proceed with an amended suit claiming an umpire's bias invalidates an appraisal award in a coverage dispute over damage caused by a Christmas Day bombing in 2020, a Zurich unit told a federal court, saying the company failed to state a claim for relief.

  • January 12, 2024

    Allstate Gets Confidentiality In $3M Hidden Rain Damage Suit

    Allstate's trade secrets and other documentation will be protected from public view after a Washington federal court approved a confidentiality agreement covering information that might be revealed in a $3.2 million coverage suit over hidden rain damage to condominiums.

  • January 12, 2024

    5th Circ. Finds Ambiguity In Policy's Fire Alarm Requirement

    A Dallas apartment complex's insurers wrongly denied coverage for a 2020 fire by maintaining the complex's use of smoke detectors without a central fire alarm system had violated its policy's safety requirements, the Fifth Circuit ruled, finding the policy's reference to different types of fire alarms contradictory.

  • January 12, 2024

    La. Building Owners Settle Deep Freeze Coverage Suit

    The owners of a Louisiana office building permanently ended their bid for nearly $4.5 million in disputed coverage payments for damage caused by a 2021 deep freeze, finalizing a settlement agreement with their insurers to resolve the dispute.

  • January 11, 2024

    House Bill Would Create National Reinsurance Program

    The U.S. Department of the Treasury would administer a new national reinsurance program under a $350 billion proposal that would also provide grants for risk-mitigation activities and cash payments for low-income consumers.

  • January 11, 2024

    NC Justices Urged To Nix Clothier's Virus Coverage Appeal

    Zurich American Insurance has asked the North Carolina Supreme Court to reject a clothing company's bid to appeal its coverage suit for COVID-19 losses, arguing that the insurance policy in dispute bars coverage for any loss caused by virus contamination.

  • January 11, 2024

    Insurer Says Hurricane Ida Didn't Cause Property's Damage

    A commercial property owner in New Orleans claiming that Hurricane Ida caused $300,000 worth of damage isn't owed coverage, an insurer told a Louisiana federal court in an attempt for an early win, arguing that the damage was preeexisting.

  • January 11, 2024

    Insurer Pins Golf Club's Frozen Pipe Damage On Contractors

    Philadelphia Indemnity Insurance Co. took a pair of construction contractors to Pennsylvania state court over $280,000 in damages to a Pittsburgh golf club caused by a burst pipe, claiming the companies are responsible for reimbursing the insurer's coverage payment.

Expert Analysis

  • Predictions On Pandemic's Lasting Impact On Legal Education

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    The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

  • Firms Should Use Surveys To Make Smart Legal Tech Choices

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    The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.

  • Don't Forget Due Diligence In Race For Lateral Associate Hires

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    Amid high demand for associates and aggressive competition to attract talent, law firms should take three key steps to conduct meaningful prehire due diligence and safeguard against lateral hiring mistakes that can hurt their revenue and reputation, says Michael Ellenhorn at Decipher.

  • Insurance Could Be A Solution To Microchip Shortage Losses

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    To the extent that companies experiencing lost income from the global microchip shortage have contingent business interruption or dependent property coverage and can trace their impaired revenues to physical loss or damage to a supplier, there may be some potential for insurance recovery, says Micah Skidmore at Haynes and Boone.

  • 5 Steps For Law Firms Rethinking Flexible Work Post-COVID

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    A flexible work environment will be key to recruiting and retention efforts post-pandemic, so law firms must develop comprehensive policies that solidify expectations and boundaries on accommodations such as flextime, remote work and reduced hours, says Manar Morales at the Diversity & Flexibility Alliance.

  • NY Bad Faith Bill Would Tip The Scales Against Insurers

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    A recently introduced New York bill proposes a statutory cause of action for insurance company bad faith when legal remedies already exist, which may dangerously upset the balance between insurers and policyholders, say attorneys at Hurwitz & Fine.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • The Pandemic's Bright Spots For Lawyers Who Are Parents

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    The COVID-19 crisis has allowed lawyers to hone remote advocacy strategies and effectively represent clients with minimal travel — abilities that have benefited working parents and should be utilized long after the pandemic is over, says Chelsea Loughran at Wolf Greenfield.

  • Why The Future Law Firm Model Is Industry-Based Offerings

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    Multidisciplinary, industry-based groups at law firms allow for more holistic legal advice, lead to sustainable client relationships, and are likely to replace practice group monoliths at many firms, say Jennifer Simpson Carr at Furia Rubel, Timothy Corcoran at Corcoran Consulting and Mike Mellor at Pryor Cashman.

  • Outliers Offer False Hope For Virus Biz Interruption Claims

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    A few recent policyholder wins have caused some to overstate the potential for recovery in commercial property claims over COVID-19 prevention efforts, but in reality business interruption decisions are consistently and overwhelmingly favoring insurers, say Erin Bradham and Keith Moskowitz at Dentons.

  • Thought Leadership's Critical Role In Law Firm Diversity

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    Minority attorneys are often underrepresented in conferences, media interviews and other law firm thought leadership campaigns, which affects their visibility with potential clients and their ability to advance at their firms, says John Hellerman at Hellerman Communications.

  • 3 Reasons Securities Fraud Litigation Exposure Fell In Q1

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    Nessim Mezrahi and Stephen Sigrist at SAR analyze data on securities class actions filed against public companies in the first quarter of 2021, and explore factors that may have contributed to issuers facing their lowest exposure to such claims in years.

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