Property
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May 02, 2024
Allstate Secures Win In Untimely Ga. Storm Damage Dispute
The Georgia Court of Appeals upheld a trial court's grant of a directed verdict in favor of Allstate in a dispute brought by two homeowners who claimed the insurer owed over $430,000 after it failed to cover all sums they believed were owed for storm damage.
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May 02, 2024
Farmers Face Uphill Fight In 5th Circ. Silo Coverage Row
A Texas farming cooperative faces an uphill battle in persuading the Fifth Circuit to undo a ruling that denied it coverage for a $1.3 million arbitration award for construction defects in their grain silos, experts told Law360.
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May 02, 2024
USAA Wrongly Denied Fire Damage Claim, Wash. Couple Says
A Washington couple accused their homeowners insurer of unreasonably denying their fire damage claim despite their timely response to all of the insurer's claim inquiries and requests, further accusing the insurer of violating Washington's Consumer Protection Act and Insurance Fair Conduct Act.
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May 02, 2024
Insurers Are Covering Litigation Funders. Will It Catch On?
Insurers have started to cover losses from a third-party litigation funder's portfolio of plaintiff-side investments, experts tell Law360, calling into question the insurance industry's broader position that third-party litigation finance hikes carriers' litigation costs, thus requiring them to raise premiums for consumers.
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May 02, 2024
Coral Bleaching Highlights Value Of Reef Insurance
An ongoing bleaching event expected to weaken coral reefs worldwide should emphasize the importance of novel insurance products in helping to restore critical marine life following major storms, climate and insurance experts say.
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May 02, 2024
Insurance Litigation Week In Review
A treasure hunter got no coverage for his thwarted quest, LexisNexis was sued again for spying on drivers, a fatal drag race had its win reversed, a Chicago general contractor split the Seventh Circuit, and the Fifth Circuit wondered if a healthcare company's mistake was a claim. Here, Law360 takes a look at this week's top insurance news.
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May 02, 2024
Atty In $119M Bad Faith Win Seeks Justice In And Out Of Court
Policyholder attorney Benjamin W. Massarsky of Miller Friel is part of a team that won over $119 million from insurers in a case thought to have garnered among the largest bad faith wins in the past 30 years. He also works pro bono to fight for accommodations for students with disabilities. Here, he shares where his passions for justice converge.
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May 02, 2024
2nd Circ. To Weigh Court's Role In Bermuda Arbitration Row
The Second Circuit will review Wednesday whether a New York federal court has the authority to remove an allegedly biased arbitrator in a Bermuda reinsurance arbitration, addressing the question of the federal court's limited role in international arbitration. Here, Law360 breaks down the case in advance of oral arguments.
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May 02, 2024
5th Circ. Asks If Facts Matter In Construction Defect Row
A Fifth Circuit panel weighed the importance of facts versus the law in a dispute over whether an insurer must indemnify a construction company for a $1.3 million arbitration award for construction defects in a Texas farming cooperative's grain silos.
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May 02, 2024
Insurance Industry Still Navigating Risks Created By Dobbs
The U.S. Supreme Court's overturning of Roe v. Wade has prompted new insurance policy offerings for healthcare providers and legislation to protect medical malpractice coverage in some states, with additional risks beyond the initial threat of litigation on the horizon, experts say.
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May 02, 2024
Hiscox, Lancashire Predict Loss From Baltimore Bridge
British-listed insurers Hiscox and Lancashire Holdings confirmed Thursday they will likely face a financial hit from the collapse of the Francis Scott Key Bridge in Baltimore.
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May 02, 2024
Sills Cummis Adds Pillsbury Atty As Insurance Group Leader
Sills Cummis & Gross PC has added an experienced insurance attorney from Pillsbury Winthrop Shaw Pittman LLP as a leader of two of its insurance groups.
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May 01, 2024
Eateries Note 'Fatal' Concession By Insurer In NC COVID Row
Cincinnati Insurance Co. made a "fatal" concession when it argued that "physical loss" merely requires "some sort of dispossession," a group of 16 restaurants told the North Carolina Supreme Court, urging it to reinstate their COVID-19 coverage win that got reversed on appeal.
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May 01, 2024
Zurich Gets Plane Parts Co.'s COVID Coverage Suit Tossed
An Illinois federal court has tossed an aviation parts supplier's bid to recover up to $30 million in coverage from a Zurich unit for expired items it couldn't access during a period of the COVID-19 pandemic, finding the company failed to sufficiently allege direct physical loss.
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April 30, 2024
Wash. Panel Reverses Hartford Unit Fire Coverage Ruling
A Washington state appeals court reversed a trial court's ruling that a Hartford unit's policy included coverage for an electrical panel that caused a restaurant fire, instead finding that whether the electrical panel was in the care of the restaurant or its landlord remains disputed.
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April 29, 2024
Aviation Co. Fights Delay Of Russian Planes Coverage Suit
A Florida-based aircraft leasing company has pushed back on its insurers' request to pause its coverage suit for $700 million worth of airplanes reappropriated by Russian airlines after the Ukraine war began, saying the insurers' own litigation against reinsurers should have no bearing on its coverage claims.
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April 26, 2024
The Week In Trump: Tabloid Testimony, High Court Drama
Donald Trump and his attorneys have been fighting high-stakes legal battles on several fronts as they grappled with a criminal hush money trial in Manhattan, argued at the U.S. Supreme Court for presidential immunity and tried to quash criminal election interference-related charges in Georgia.
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April 26, 2024
Insurer Can't Avoid Coverage Suit Against Escrow Agent
First American Title Insurance Co. must continue to be a party in Wesco Insurance Co.'s declaratory action seeking to avoid covering claims that Wesco's insureds improperly diverted escrow funds in real estate transactions to third parties with no valid claims to the funds, a Florida federal court ruled.
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April 25, 2024
Insurance Litigation Week In Review
A New York state panel partially revived Chubb's coverage dispute with an archdiocese over underlying sexual abuse claims, Ralph Lauren got the green light to pursue its appeal for coverage of damages stemming from the COVID-19 pandemic and former President Donald Trump solidified a $175 million bond.
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April 25, 2024
Driving Data Suits Highlight Auto Privacy, Insurance Risks
A spate of suits charging General Motors with harvesting driver data without permission and sharing it with data broker LexisNexis Risk Solutions highlights policyholder privacy risks and erosion of trust over extensive auto data collection, experts told Law360.
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April 25, 2024
5th Circ. May Ponder If Threats Are Claims In Healthcare Suit
The Fifth Circuit will review Monday if a healthcare company is covered for a more than $200,000 settlement over mistakenly approving out-of-state treatment for a Florida Medicaid patient, with the case potentially hinging on whether a letter threatening litigation against another party constitutes a claim. Here, Law360 breaks down the case in advance of oral arguments.
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April 25, 2024
Fla. High Court Says PIP Law Doesn't Mandate 100% Payment
The Florida Supreme Court ruled Thursday that Allstate Insurance Co. is not required to pay 100% of a chiropractic provider's charges under a personal injury protection policy, saying to enact such a requirement would misread both Florida's PIP law and Allstate's policy.
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April 25, 2024
New PFAS Rules Portend More Insurance, Superfund Suits
New rules from the Environmental Protection Agency designating as hazardous so-called forever chemicals, and limiting those toxic chemicals in water supplies, are likely to contribute to a wave of insurance litigation over liabilities, while potentially posing new coverage implications for companies involved in Superfund sites.
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April 25, 2024
Emotional Damages Not Covered In OD Suit, Pa. Justices Rule
The Pennsylvania Supreme Court has reversed a lower court's ruling that a Nationwide unit had a duty to defend two homeowners in a suit over a man's fatal overdose under their roof, holding Thursday that underlying emotional distress damages don't fall within the policy's definition of bodily injury.
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April 25, 2024
Insurance Backs Up College Athletes About To Turn Pro
As the NFL draft begins, experts tell Law360 how changing circumstances make it ever more important for athletes transitioning from the college to professional level to secure insurance coverage, should an injury derail a pro career.
Expert Analysis
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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.
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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.
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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.
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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.
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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.
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Rethinking Mich. Slip-And-Fall Defense After Top Court Ruling
The Michigan Supreme Court recently overturned three decades of premises liability jurisprudence by ruling that the open and obvious danger defense is no longer part of a traditional duty analysis, posing the question of whether landowners will ever again win on a motion for summary dismissal, say John Stiglich and Meriam Choulagh at Wilson Elser.
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What To Know About Duty To Settle Insurance Claims In Texas
Laura Grabouski of Holden Litigation examines the parameters of Texas insurers' duty to settle liability claims within the limits of the primary policy, as knowledge of the requirements — and the potential exposure from insureds, judgment creditors or excess creditors — can pay dividends in the era of nuclear verdicts.
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NY's Take On Premises Insurance Policies: What's In A Name?
A New York appellate court's recent decision in Wesco Insurance v. Fulmont Mutual Insurance — requiring insurance coverage for a property owner not named on the policy — strengthens a state case law trend creating a practical exception in premises liability cases to normally strict requirements for coverage, says Craig Rokuson at Traub Lieberman.
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Ga. Mirror-Image Rule Makes Settlements Fraught For Insurers
The Georgia Court of Appeals' recent decision in Pierce v. Banks shows how strictly Georgia courts will enforce the rule that an insurer's response to a settlement demand must be a mirror image of the demand — and is a reminder that parties must exercise caution when accepting such a demand, says Seth Friedman at Lewis Brisbois.
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What's In The NAIC's Draft AI Bulletin
The National Association of Insurance Commissioners has released a draft bulletin on insurers' use of artificial intelligence systems, intended as a template for regulators to guide insurers to employ AI consistently with market conduct, corporate governance and unfair and deceptive trade practice laws, say Paige Waters and Stephanie O'Neill Macro at Locke Lord.
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Insurance Ruling Shows Notice Letters Need Close Review
A Texas appeals court's recent disapproval of an insured’s presuit notice letter to Westchester Surplus Lines Insurance — which refused to quantify an alleged injury — should prompt courts to probe deeper when considering whether such a letter gives the insurer the information needed to resolve the claim or make a settlement offer, say Jennifer Martin and Timothy Delabar at Wilson Elser.
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Groundbreaking Nev. Law May Alter Insurance Landscape
The Nevada Legislature recently passed a law prohibiting insurers from issuing liability policies with eroding limits provisions that has the potential to create massive shifts in the marketplace — and specifically in areas like professional liability, cyber, and directors and officers insurance, says Will Bennett at Saxe Doernberger.
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What The ESG Divide Means For Insurers And Beyond
The debate around ESG is becoming increasingly polarized, with some states passing legislation that prohibits the use of ESG factors and others advancing affirmative legislation, highlighting the importance for insurers and other companies to understand this complex legal landscape, say Scott Seaman and Bessie Daschbach at Hinshaw.