Property

Expert Analysis

• Courts Are Not Shifting On COVID Biz Interruption Stance

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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.

• What's At Stake In Fla. Insurance Appraisal Case

  

  The Florida Supreme Court's decision in Weston Property & Casualty Insurance v. Riverside Club Condominium Association, determining whether trial courts should have discretion to sequence appraisal and fraud in insurance disputes, will influence how claims are handled on a national basis, say attorneys at Reed Smith.

• Hurricane Insurance Prep Is Key For Fla. Condos And HOAs

  

  As this year's hurricane season gets underway, Florida associations for homeowners, condos and communities should review their insurance policies and protocols in advance of potential inclement weather, says Kelly Corcoran at Ball Janik.

• Property Insurance Coverage Can Hinge On 'Riot' Or 'Protest'

  

  As protests erupt across the U.S. in response to the U.S. Supreme Court overturning Roe v. Wade, Alycen Moss and Elliot Kerzner at Cozen O'Connor examine important property insurance questions that depend on whether a gathering of people is classified as a protest or a riot.

• Lessons From Calif. Liability Claim Recoupment Ruling

  

  A recent California federal court decision in Evanston Insurance v. Winstar Properties illustrates the perils of insurer recoupment and underscores the importance of assessing recoupment rights, if any, throughout the claims process, say Geoffrey Fehling and Veronica Adams at Hunton.