Property

  • April 15, 2025

    La. Parish Still Wants 5th Circ. To Remand Insurance Case

    A Louisiana parish has again urged the Fifth Circuit to send its dispute over coverage for property damage caused by a pair of hurricanes back to district court, saying "everyone agrees" that the lower court made a procedural misstep that was subsequently wrongly appealed.

  • April 15, 2025

    Massive Calif. Fire Assessment Pass-Through Sparks Suit

    Public interest nonprofit Consumer Watchdog sued California's insurance chief in Los Angeles Superior Court on Monday to stop him from allowing insurance companies to offset hundreds of millions of dollars in assessment costs as surcharges onto policyholders, claiming the decision was made without any public input, in violation of the state's Administrative Procedure Act. 

  • April 15, 2025

    Insurer Denies Coverage For Short Seller Cohodes' Libel Case

    Short seller Marc Cohodes, who was accused by a financial advisory firm of causing $5 million in reputational damage via libelous posts on X, cannot have coverage for the litigation, an insurer told a Montana federal court, noting that his homeowners policy excluded intentional wrongdoing.

  • April 14, 2025

    Allianz Unit Challenges Augusta Golf Club's $2.4M Award

    Allianz SE subsidiary Fireman's Fund Insurance Co. on Friday asked a federal judge to strike down a $2.4 million storm damage appraisal in favor of an Augusta, Georgia, golf club that the insurer said goes far beyond what it agreed to cover.

  • April 14, 2025

    Conn. Justice Hints Lapsed Policy Row Should Go Before Jury

    A jury may need to decide whether a Connecticut insurance agency was duty-bound to tell a couple that their homeowners policy was not renewed ahead of a ruinous fire, a justice of the state's Supreme Court signaled Monday.

  • April 14, 2025

    1st Circ. Can't Hear Class Suit Coverage Row, Oil Co. Says

    A heating oil company urged the First Circuit to toss an appeal its insurers filed following a ruling that they must continue defending the company and several executives in a class action over alleged damage caused by oil containing elevated levels of biodiesel, saying the court doesn't currently have jurisdiction.

  • April 11, 2025

    Insurers Allowed To End Chemical Explosion Coverage Suit

    Insurers were allowed Friday to dismiss their case in Texas federal court against Team Industrial Services Inc. seeking to disclaim coverage for underlying suits filed against the company in connection with injuries from a 2021 explosion at a chemical plant.

  • April 11, 2025

    Lloyd's Sues Aramark To Recoup $5M Payout To NJ University

    Lloyd's London has sued Aramark to recoup a $5 million payout the insurer made on a policy held by a New Jersey university, alleging the facilities management company was responsible for water damage to one of the college's properties in Jersey City. 

  • April 11, 2025

    2nd Circ. Tosses Mid-Case Appeal In Asbestos Coverage Row

    A Second Circuit panel dismissed on Friday a mid-case appeal in a dispute over coverage for hundreds of asbestos-related lawsuits, saying that resolving certified questions, including whether an insurer must defend a suit that doesn't name its policyholder, won't substantially advance the litigation.

  • April 11, 2025

    Liberty Mutual Unit Beats Suit Seeking Bigger Fire Payout

    Ohio's law governing total loss insurance coverage does not necessarily mandate that insurers pay out the maximum policy limit, according to a new order from a Buckeye State federal judge granting a Liberty Mutual subsidiary a victory over claims brought by a woman seeking a larger payout for her burned property.

  • April 11, 2025

    ​​​​​​​Outlet Chain Says NC Court Ruling Allows COVID Coverage

    A retail outlet chain asked a North Carolina state court to find it had coverage for more than $50 million in pandemic losses, citing a recent state Supreme Court ruling holding that the insuring phrase "direct physical loss" included loss of property use due to COVID-19 public health orders.

  • April 11, 2025

    Mercedes Settles Fire Coverage Dispute With Insurer

    The insurer of an Ann Arbor, Michigan, property has settled a dispute over whether its policy covered more than $1 million in damages stemming from a vehicle fire at a facility leased by Mercedes-Benz's North American research arm, according to a federal court order dismissing the case Friday.

  • April 10, 2025

    Calif. FAIR Plan Denying Wildfire Smoke Coverage, Suit Says

    California's "insurer of last resort" has been illegally underpaying or denying smoke damage coverage to homeowners affected by January's Los Angeles-area wildfires, leaving property owners with uninhabitable homes and at risk of serious health issues related to toxin exposure, homeowners alleged in a complaint filed Thursday in California state court.

  • April 10, 2025

    DeSantis Urges Relief For Condo Owners Amid New Fla. Laws

    Florida Gov. Ron DeSantis renewed calls for state lawmakers to provide condominium owners relief from financial burdens resulting from new state requirements, while slamming a proposal in the state House of Representatives that he said favors developers seeking to buy out associations.

  • April 10, 2025

    Arbitration Stands In La. Condo's Hurricane Damage Case

    A Louisiana federal judge has refused to reconsider his order compelling arbitration of a $4.9 million insurance claim over Hurricane Ida damage to a New Orleans condominium complex in light of new guidance from the state's top court.

  • April 10, 2025

    Pet Insurer Exec Shares Insight On Double-Digit Growth

    The pet insurance industry is experiencing large amounts of growth, both in policies purchased and the cost of premiums, a trend which Brian Jorgensen, the CEO of MetLife Pet Insurance, attributes to owners spending more time with their animals and veterinary costs, respectively. Here, Jorgensen chats with Law360 about the growing pet insurance market.

  • April 10, 2025

    Insurance Litigation Week In Review

    Insurers lost their subrogation bid over a ransomware attack against software company Blackbaud, carriers accused a California utility of causing one of this year's wildfires, Meta prevailed in an insurance coverage forum battle over numerous underlying injury claims, and the Ninth Circuit partially reversed a lower court's duty-to-defend decision.

  • April 10, 2025

    Ga. Tort Reform Promises Relief From Insurance Industry Ills

    Georgia is on the cusp of enacting major reforms to its tort claims system that aim to reduce outsize jury awards and other expenses contributing to rising liabilities, which carriers and policyholders hope will relieve strains on the insurance industry.

  • April 10, 2025

    Colo. Supreme Court Rejects Fire Plaintiffs' Trial Opt-Out Bid

    The Colorado Supreme Court has declined to hear a challenge to a judge's plan for a single liability trial on thousands of consolidated claims alleging Xcel Energy and two telecom companies are responsible for a 2021 wildfire.

  • April 09, 2025

    Fla. Investigator Sued Over Tossed Insurance Fraud Cases

    A Florida man accused of home insurance fraud and who later had his cases tossed by for lack of evidence has sued the criminal investigator who referred the charges, alleging a false set of facts that were negligently provided to state attorneys led to his malicious prosecution. 

  • April 08, 2025

    4th Circ. Won't Revisit Ambiguous Endorsement Ruling

    The Fourth Circuit on Monday declined to review its ruling that a South Carolina district court erred by finding that an endorsement unambiguously applied to cap an aluminum supplier's insurance recovery for a fire loss at $10 million.

  • April 08, 2025

    Contractor's Win In Insurance Fraud Suit Upheld By 6th Circ.

    A Sixth Circuit panel affirmed Continental Building Co.'s defeat of a lawsuit that leveled insurance fraud claims at the general contractor, finding a subcontractor failed to trace its losses to Continental's claim that it defaulted on a contract.

  • April 08, 2025

    Design Co. Denied Exit From Hurricane Subrogation Suit

    A design contractor facing a $4 million subrogation action over hurricane damage to commercial HVAC units at an Amazon sorting facility can't rely on notice requirements in Florida's construction defect law, Chapter 558, to argue the plaintiff insurers are statutorily barred from seeking reimbursement, a Florida federal court ruled.

  • April 08, 2025

    Uber's Crash Coverage Bid 'Too Little, Too Late,' Insurer Says

    An insurer said it has no duty to defend or indemnify Uber in five underlying personal injury suits, telling a New York federal court that the company's bid for coverage is "too little, too late" because the active negligence claims don't trigger coverage and the request was not timely.

  • April 07, 2025

    Pa. Supreme Court Snapshot: Electric Bills, Jock Tax

    The Pennsylvania Supreme Court will open its three-day session in Pittsburgh Tuesday with arguments over how to weigh when a coworker or co-owner shares in an employer's immunity from lawsuits under the state's workers' compensation law, and if electricity providers can get additional services put on the utility bills drawn up by power distributors.

Expert Analysis

  • Strategies To Help Witnesses Manage Deposition Anxiety

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    During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.

  • 5 Insurance Types For Mitigating Tariff-Related Trade Losses

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    The potential for significant trade-related losses as a result of increased tariffs may cause companies to consider which of their insurance policies, including marine, builders risk, trade credit, and directors and officers, could provide coverage to alleviate the financial impact, say attorneys at Pillsbury.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • Texas Case Shows Why Juries Are Well-Suited To COVID Suits

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    The original jury verdict in Baylor College of Medicine v. Lloyd's, currently on appeal to the Texas Supreme Court after being overturned by an appellate panel, illustrates why COVID-19 business interruption claims with their case-specific facts need to be decided by juries, not by judges using a one-size-fits-all approach, says Jeremy Lawrence at Farella Braun.

  • In-House Expert Testimony Is Tricky, But Worth Considering

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    Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.

  • Tracking Changes To AI Evidence Under Federal Rules

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    As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.

  • Reconciling 2 Smoke Coverage Cases From California

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    As highlighted by a California Department of Insurance bulletin clarifying the effect of two recent decisions on insurance coverage, the February state appellate ruling denying coverage for property damage from smoke, ash and soot should be viewed as an outlier, say attorneys at Reed Smith.

  • Key Insurance Issues Likely To Arise From NY Superfund Law

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    The recently enacted New York Climate Change Superfund Act imposes a massive $75 billion in liabilities on energy companies in the fossil fuel industry, which can be expected to look to their insurers for coverage, raising a slew of coverage issues both old and new, say attorneys at Wiley.

  • How Fla. Is Floating A Raft Of Bills To Stem Insurance Woes

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    Proposed reforms that follow a report skewering Florida's insurance industry offer a step in the right direction in providing relief for property owners, despite some limitations, say attorneys at Farah & Farah.

  • What To Know About NAIC's Risk-Based Capital Task Force

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    Attorneys at Debevoise outline key details of the Risk-Based Capital Model Governance Task Force, which was recently launched by the National Association of Insurance Commissioners, including the task force's objectives, and potential implications for insurers and their investment strategies.

  • How Calif.'s Wildfire Insurance Crisis Might Affect Texas

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    Attorneys at Munsch Hardt examine the implications of California's wildfire insurance crisis for Texas, including potential shifts in coverage availability, regulatory differences and how the insurers in the second-largest U.S. state may react to a major wildfire event.

  • How To Create A Unique Jury Profile For Every Case

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    Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.

  • Managing Anti-Corporate Juror Views Revealed By CEO Killing

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    After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.