Property
-
July 16, 2024
The 2024 Diversity Snapshot: What You Need To Know
Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.
-
July 16, 2024
These Firms Have The Most Diverse Equity Partnerships
Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.
-
July 15, 2024
Resort Owner Seeks Arb. In Storm Damage Insurance Row
A resort owner seeking to arbitrate its $55 million storm damage claim told a Hawaii federal court that its insurers can't litigate in New York federal court since its policies contain a "mishmash" of forum selection requirements, while the insurers separately countered that arbitration still can't happen yet.
-
July 15, 2024
Towers Watson Asks 4th Circ. To Find Merger Dispute Covered
Towers Watson's insurers must pay out $54 million in remaining directors and officers coverage to help fund a $75 million settlement in a shareholder suit over the company's merger with Willis, Towers Watson told the Fourth Circuit, saying a so-called bump-up exclusion does not apply.
-
July 15, 2024
Casino Owner Says Insurer Must Face $130M COVID Loss Suit
A casino operator with properties on the Las Vegas strip and beyond asked a Nevada federal judge to keep its $130 million COVID-19 pandemic loss coverage suit alive, arguing that its insurer presented no valid reason to end the dispute.
-
July 12, 2024
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
-
July 11, 2024
Allstate Must Face Deflated Payments Suit, Judge Rules
Allstate cannot escape a proposed class action accusing the insurer of wrongfully depreciating labor costs as part of actual cash value payments to insureds for property damage, an Arizona federal judge ruled, finding that the named plaintiff didn't lack standing and that her claims weren't time-barred.
-
July 11, 2024
NY Tells Insurers To Test AI For Discrimination Before Use
New York has set a high bar for insurers' artificial intelligence systems, recommending Thursday that they avoid the technology for underwriting or pricing unless they determine the systems and their underlying data are compliant with consumer protection laws.
-
July 11, 2024
The Top Property Insurance Decisions of 2024 So Far
Two major state supreme court decisions on insurance coverage for pandemic losses and a Colorado ruling on whether policyholders can be excused for making late homeowners claims are among the top property insurance decisions of 2024 so far.
-
July 11, 2024
9th Circ. Won't Cancel Chubb's 'Morning Show' COVID-19 Win
The Ninth Circuit affirmed a lower court's ruling Thursday that a Chubb unit does not owe the production company behind "The Morning Show" $44 million in pandemic-related losses, ruling that the policy's provision for "imminent direct physical loss or damage" did not apply to the "potential presence" of coronavirus in the facility.
-
July 11, 2024
9th Circ. To Weigh When Inter-Insurer Subrogation Is Allowed
The Ninth Circuit next Thursday will hear oral arguments on whether an excess insurer can recoup from a primary insurer its $4 million share of a $5 million wrongful death settlement, even though the total settlement sum did not exceed the insurers' combined policy limits.
-
July 11, 2024
Syracuse Diocese To Notice Creditors On Ch. 11 Releases
Lawyers for the Diocese of Syracuse said they've come up with a process to collect creditor consent for third party releases in an already voted on reorganization plan, telling a New York bankruptcy judge Thursday the approach will hopefully head off confirmation issues after the U.S. Supreme Court struck down nonconsensual third party releases in Chapter 11 plans.
-
July 11, 2024
Insurance Litigation Week In Review
Foreclosure prevented a man's house fire windfall, a former Georgia insurance commissioner sought a lesser sentence for his kickback scheme, Kiwanis leaders and sex abuse survivors demanded coverage, and a federal judge extended a penile enlargement injury coverage suit.
-
July 11, 2024
Climate Suit Report Highlights Carrier Greenwashing Risk
A recent report highlighting global trends in climate change litigation points to a potentially significant source of exposure for insurers in the form of what are known as greenwashing suits against their insureds, and more direct risks against carriers themselves, experts say.
-
July 11, 2024
Insurer Can Tap Trust Fund For Old Claims, Mass. Court Says
A Massachusetts intermediate appellate court concluded Thursday that workers' compensation insurers who are no longer selling policies in the state but still paying benefits on older claims are entitled to seek partial reimbursement from an employer-funded state trust fund, reversing its own prior holding on the question.
-
July 11, 2024
Connell Foley Attys Part Of NJ Insurance Trio At Kennedys
Global law firm Kennedys CMK has brought on two former Connell Foley LLP attorneys and a former senior litigation counsel for an insurer to bolster its insurance coverage team in New Jersey, the firm announced Thursday.
-
July 11, 2024
Mich. Asks Appeals Court To Rethink Nationwide's Tax Win
Michigan insurance companies that are part of Nationwide are required to file taxes as individual entities and not as a unitary group, Michigan's tax department said, asking the state Court of Appeals to reconsider its opinion in the case.
-
July 10, 2024
7th Circ. Says Foreclosure Limits Man's Fire Coverage Claim
A homeowner did not have an insurable interest in the full value of a home that burned down while in foreclosure, the Seventh Circuit ruled, affirming that recovery was limited to the value of his temporary right to possess the property until 30 days after its judicial sale was confirmed.
-
July 10, 2024
Insurer, Property Cos. Settle Lead Poisoning Coverage Suit
An insurer for a Detroit property owner and manager told a Michigan federal court they have settled their coverage dispute over a woman's claims that her 2-year-old girl suffered lead poisoning at the property, which she said was left in a state of disrepair.
-
July 10, 2024
Wash. Condo Assoc. Wants Allstate To Cover $9.7M In Repairs
A Washington condominium association is suing Allstate Insurance Co. in federal court, saying it broke their coverage agreement by refusing to cover $9.7 million in repairs for "hidden damage" to the buildings' exteriors.
-
July 09, 2024
Insurer Seeks $1.7M For Damaged Concert Gear
An insurer is seeking to recoup over $1.7 million in damages it incurred after concert gear was damaged en route to New York from Belgium, telling a New York federal court Tuesday that a shipping company owed a duty to the cargo's owner to deliver its products safely.
-
July 05, 2024
Insurers Allegedly Evaded Kiwanis Foster Home Abuse Claims
Insurers owned by Travelers, AIG and other big-name insurance groups have been accused of dodging their duty to pay a multimillion-dollar judgment resolving child sex abuse survivors' claims against a foster boys home that was run by Kiwanis International, according to a new lawsuit in Washington federal court.
-
July 05, 2024
11th Circ. Won't Touch $9.7M College Hurricane Coverage Win
The Eleventh Circuit ruled Friday that a district court unlawfully certified a partial judgment in favor of The Baptist College of Florida for review in a $13 million insurance coverage dispute for hurricane damage costs.
-
July 05, 2024
How Reshaped Circuit Courts Are Faring At The High Court
Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.
-
July 05, 2024
Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.
Expert Analysis
-
NY Co-Ops Must Avoid Pitfalls When Navigating Insurance
In light of skyrocketing premiums, tricky exclusions and dwindling options, New York cooperative corporations must carefully review potential contractors' insurance policies in order to secure full protection, as even seemingly minor contractor jobs can carry significant risk due to New York labor laws, says Eliot Zuckerman at Smith Gambrell.
-
Insurance Rulings Continue Expansion Of Appraisal's Ambit
Two recent Illinois insurance cases allowing property damage appraisers to determine causation — Wysoczan v. Cambridge in federal court and Shelter v. Morrow in state appellate court — perpetuate a judicial trend that will result in a slower, more expensive and cumbersome appraisal process that resembles litigation, says Matthew Fortin at BatesCarey.
-
Suits Likely Over Nevada Law Limiting Claimant Injury Exams
A new Nevada law placing barriers on the mental or physical examinations that defendants use to evaluate claimants' injuries will likely spur waves of litigation to reconcile it with existing rules and practice, says Michael Lowry at Wilson Elser.
-
Mass. Ruling Shows Value Of Additional Insured Specifics
A Massachusetts court’s recent D.F. Pray v. Wesco Insurance decision demonstrates that blanket additional insured endorsements can create issues with personal jurisdiction, so those named as additional insureds should require their lower-tier contractors to use specific endorsements, say Thomas Dunn and Sheya Rivard at Pierce Atwood.
-
7 Ways Telco Operators Can Approach Lead Cable Claims
A recent spotlight on the telecommunication industry shows that companies in the field have known for decades that lead-wrapped cables proliferate in their vast networks, which is likely to provoke prolonged and costly legal battles — but seven best practices can efficiently resolve claims and minimize damage, say consultants at AlixPartners.
-
What Wis. High Court Ruling Means For Coverage Analysis
Overturning insurance law precedent in 5 Walworth v. Engerman Contracting, the Wisconsin Supreme Court recently rejected the use of the economic loss doctrine and integrated systems analysis in commercial general liability cases, but a strongly worded concurrence could indicate that the court's opinion may have limited persuasive reach, say Laura Lin and Pierce MacConaghy at Simpson Thacher.
-
Auto Insurers Should Reassess Calif. Diminished Value Claims
Many California auto insurers currently pay third-party claims for diminished value damages after a vehicle has been in an accident; however, federal decisions interpreting California law suggest that insurers may not have to pay some of these claims, says Charles Danaher at Sheppard Mullin.
-
A Festival Of Litigation Could Arise From 'Electric Zoo' Fiasco
Over Labor Day weekend, thousands of electronic dance music fans were displeased with the organization of the New York City-based Electric Zoo festival, which quickly elicited comparisons to the 2017 Fyre Festival — and three kinds of litigation could ensue from the debacle, say attorneys at Seiden Law.
-
Potential Marijuana Status Change Would Shift Industry Risks
Cannabis companies and their insurers should pay close attention to how the U.S. Department of Health and Human Services' move toward marijuana reclassification plays out, and the potential for a shakeup in the landscape for cannabis regulation at the state and federal levels, says Ian Stewart at Wilson Elser.
-
Key Provisions In Florida's New Insurer Accountability Act
Florida's recent bipartisan Insurer Accountability Act introduces a range of new obligations for insurance companies and regulatory bodies to strengthen consumer protection, and other states may follow suit should it prove successful at ensuring a reliable insurance market, say Jan Larson and Benjamin Malings at Jenner & Block.
-
Texas Storms Drive Coverage Litigation And Key Rulings
Given the frequency and magnitude of extreme weather events across Texas, first-party coverage claims continue to dominate high-profile litigation in the state, bringing significant recent decisions on attorney fees, appraisal, allocation and other important insurance topics, says Laura Grabouski at Holden Litigation.
-
Next Steps For Insurers After Ky. OKs Early 3rd-Party Claims
While insurers in Kentucky may face more statutory bad faith claims after a recent state Supreme Court decision clarified that third parties may bring these torts even before determination of coverage is finalized, insurers can adopt a variety of approaches to reduce their exposure, says Jason Reichlyn at Dykema Gossett.
-
Insurers, Prepare For Large Exposures From PFAS Claims
With thousands of lawsuits concerning per- and polyfluoroalkyl substances pending across the country, several large settlements already reached, and both regulators and the plaintiffs bar increasingly focusing on PFAS, it is becoming clear that these "forever chemicals" present major exposures to insurers and their policyholders, say Scott Seaman and Jennifer Arnold at Hinshaw.