Property

  • January 08, 2024

    Del. Chancery Court Denies Allstate Win In Fire Claim Dispute

    The Delaware Chancery Court said a house flipping company could proceed to trial in its case requesting correction of the named insured on an Allstate policy in order to collect funds after nearly $242,000 in fire losses in 2020, denying the insurer summary judgment.

  • January 08, 2024

    Mass. Panel Revives Demolition Damage Coverage Bid

    A Massachusetts appellate panel partially revived a commercial property owner's coverage suit Monday over claims that her building was damaged by the partial demolition of an adjacent property, finding that damage to her roof was not excluded under a vacancy provision.

  • January 08, 2024

    Real Estate Co. Seeks $1.9M From Insurer After Title Mishap

    A real estate company told a California federal court that its insurer owes roughly $1.9 million over a title defect that limited access to its San Diego industrial property, claiming the insurer forced the company to resolve the issue at its own expense.

  • January 08, 2024

    11th Circ. Again Denies Empire's Anti-Appraisal Quest In Fla.

    The Eleventh Circuit again refused to rehear a decision denying appeals jurisdiction in Empire Indemnity Insurance Co.'s quest to prevent appraisal of 2017 Hurricane Irma damage in another setback for the insurer's continuing campaign against appraisal in Florida.

  • January 08, 2024

    11th Circ. Revives State Farm Vehicle Valuation Suit

    A State Farm policyholder can continue to litigate his claim that the insurer systematically undervalues totaled vehicles, the Eleventh Circuit ruled, finding that an appraisal dispute process outlined in his policy did not bar him from filing his proposed class action.

  • January 08, 2024

    Justices Toss Bid To Make Pre-Opinion Rulings Appealable

    The U.S. Supreme Court on Monday declined to hear an insurance dispute over whether a judge's oral ruling on summary judgment can be considered an appealable final judgment before a written opinion is issued.

  • January 05, 2024

    Insurance Mogul Fights Bid To Clarify Fraud Case Review

    An embattled insurance mogul has urged the North Carolina Supreme Court to resist a bid by a group of allegedly defrauded insurers to explain the terms of the court's agreement to review a potential $420 million judgment, arguing that it would be an "unprecedented" move.

  • January 05, 2024

    Sanctioned Co. Can't Get Coverage For Ga. Murder, Court Told

    An insurer tried again in Georgia federal court Friday to escape defending a property management company that was sanctioned for spoiling evidence in underlying litigation accusing it of failing to maintain safety at an apartment complex where a man was shot to death in 2021.

  • January 05, 2024

    $5M Hurricane Damage Claim Must Be Arbitrated, Court Told

    A collection of New Orleans-area property owners must arbitrate their more than $5.1 million Hurricane Ida damage dispute, a group of insurers and underwriters told a Louisiana federal court.

  • January 05, 2024

    Insurer Can't Avoid U. Of Washington COVID Coverage Suit

    The University of Washington has made a plausible claim for coverage against the loss of functionality in a lawsuit seeking coverage from a Liberty Mutual insurer for hundreds of millions of dollars in pandemic-related losses and expenses, a state court judge said in denying the insurer's bid to have the case tossed.

  • January 05, 2024

    Industry Org. Backs Lloyd's, Other Insurers In Arbitration Row

    The Wholesale and Specialty Insurance Association has asked the Second Circuit to let it support a group of surplus lines insurers who claim a New York federal judge erred by not compelling into arbitration a Louisiana property owner who sued the insurers over unpaid claims stemming from Hurricane Ida.

  • January 05, 2024

    No Coverage For BlackRock In La. Hurricane Damage Row

    An insurer doesn't have to pay homeowner BlackRock International for over $200,000 in damage from 2020 Hurricanes Laura and Delta, a Louisiana federal judge ruled, finding that the amount of losses wasn't enough to trigger a third-party payment to the investment company under a lender's policy.

  • January 05, 2024

    NJ Panel Backs Insurers' Win In Wawa COVID Coverage Suit

    A New Jersey state appellate court rejected convenience store chain Wawa Inc.'s bid to revive its COVID-19 business interruption lawsuit, finding Friday that its all-risk policies do not cover its pandemic-related losses.

  • January 04, 2024

    11th Circ. Again Refuses Empire's Bid To Undo Fla. Appraisal

    For the third time, an Eleventh Circuit appeals panel told Empire Indemnity Insurance Co. that the court lacked jurisdiction to overturn an order compelling appraisal in a dispute over 2017 Hurricane Irma damage to Florida condos.

  • January 04, 2024

    Hanover Partially Settles Ga. Shooting Death Coverage Row

    The Hanover Insurance Co. settled its dispute with a trio of real estate companies over a shooting death at an apartment complex they manage in Georgia federal court Thursday, but maintained its ongoing dispute with the victim's estate.

  • January 04, 2024

    Fla. Medical Device Maker Sues Insurer Over Equipment Loss

    A medical device manufacturer accused a Munich Re unit of failing to properly cover the "equipment breakdown loss" it said it suffered in February 2022 related to its mills and lathes, according to a suit removed to Florida federal court Wednesday. 

  • January 04, 2024

    Fla. Homeowner Sues NFIP Insurer For Ian Coverage

    A Florida property owner sued an American Family Insurance unit Thursday for more than $83,000 in National Flood Insurance Program coverage for damage caused by Hurricane Ian, arguing that the insurer underpaid its claim.

  • January 04, 2024

    PF Chang's COVID Coverage Capped At $1M, Calif. Panel Says

    P.F. Chang's is entitled to only $1 million in coverage for its COVID-19 losses, a California state appeals court ruled, finding its policy's pandemic event endorsement clearly limits coverage for all restaurant locations to a total of $1 million.

  • January 04, 2024

    Textile Co. Says No Redo For Insurer In Hail Damage Suit

    A textile company asked a Texas federal court to again deny an insurer's bid for an early win in a hail damage coverage dispute, claiming the insurer's motions for reconsideration were based on arguments the court already rejected.

  • January 04, 2024

    Power Supply Co. Says Insurers' Fraud Claim Is Duplicative

    An infrastructure technology company urged an Ohio federal court to dismiss a fraud claim brought by two insurers looking to recoup $18.7 million for an explosion at an insured's Alabama manufacturing facility, telling the court the claim is duplicative of the lawsuit's breach of contract claim.

  • January 03, 2024

    Clothing Co. Asks NC Justices To Revive Virus Coverage Row

    A North Carolina clothing company has asked the state's top court to take up its appeal seeking insurance coverage for COVID-19 losses, arguing both the trial court and the court of appeals erred by ruling that the virus could not have caused qualifying physical damage to the property.

  • January 03, 2024

    Fla. Panel Splits With Sister Court Over Reopened Irma Claims

    A Florida appellate panel ruled Wednesday that a condominium association provided sufficient notice to its insurer that it intended to add to or reopen its Hurricane Irma damage claim, rejecting a requirement established in a previous ruling by a different state appeals court.

  • January 03, 2024

    New NY Law Requires Auto Insurers To Verify Driving History

    A newly passed New York law will require auto insurers to check an applicant's driving history through a third-party database before using that information to issue or accept premiums for a private passenger policy.

  • January 03, 2024

    Property Insurer To Offer Replacement Coverage In Florida

    Property insurance company Loggerhead Insurance negotiated with Progressive Home to provide replacement coverage for 115,000 policies held by Florida homeowners, according to a Wednesday announcement.

  • January 03, 2024

    Insurer Must Face Bad Faith Claim Despite Erroneous Payout

    A Florida appeals panel unanimously overturned a lower court ruling Wednesday, finding that a property owner could proceed with her bad faith claim against an insurer who erroneously paid over $59,000 for her property damage, though it wasn't covered by the policy.

Expert Analysis

  • 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.

  • Remote Law Firm Culture Should Prioritize Associate Training

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    Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

  • Virtual Litigation May Unravel The Narcissistic Lawyer

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    The virtual courtroom limits a narcissistic lawyer's ability to intimidate witnesses and opposing counsel, boast to clients or engage in grandstanding — an unexpected benefit of the global pandemic as some aspects of remote litigation are likely here to stay, says Jennifer Gibbs at Zelle.

  • Federal COVID-19 Insurance Decisions Ignore State Law

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    Federal courts are dismissing policyholder lawsuits seeking business insurance coverage for losses from COVID-19 lockdowns at a far higher rate than state courts, likely because they are not following the Erie doctrine, which requires them to apply state law, says Carl Salisbury at Bramnick Rodriguez.

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