Property

  • November 20, 2024

    No Coverage For Road Rage Shooting Dispute, Judge Says

    The auto insurer for a freight transportation company needn't cover an underlying suit over the fatal shooting of a man during a road rage altercation, a West Virginia federal court ruled, saying the shooting was "wholly unrelated to the inherent nature of the vehicle."

  • November 19, 2024

    Misnomer Doesn't Doom Fire Subrogation Suit, NC Panel Told

    An insurer that sued two fire safety companies asked a North Carolina appeals court for another chance after it misidentified itself in its complaint, saying it made a nonprejudicial mistake in its suit seeking recovery for a 2019 blaze at a Hardee's restaurant it insured.

  • November 19, 2024

    Condo Says Insurer Underpaid By $19M After Hurricane Ian

    A Florida condo association said its insurer underpaid it by nearly $19 million after Hurricane Ian destroyed its property in 2022, according to a suit that was removed to federal court.

  • November 18, 2024

    State Farm Keeps Win In Suit Over Fatal Domestic Shootings

    An Ohio state appeals court on Monday backed State Farm's early win in a dispute between the estates of two deceased romantic partners following shootings that left both dead, with the three-judge panel concluding that the lower court rightly ruled that the insurer's policies with the boyfriend did not cover the incident.

  • November 18, 2024

    Wash. Court Asked To Eye Renewal Docs In Fire Damage Row

    A Washington couple and two Progressive units urged a federal court to issue a pretrial ruling on whether the couple is entitled to up to $750,000 for a fire they said "destroyed" their home, after Progressive denied coverage for failure to pay the homeowner policy's premium.

  • November 15, 2024

    Judge Doubts Wildfire Trial Plan Would Hurt Some Plaintiffs

    A Colorado state judge was skeptical Friday that a single liability trial for the thousands of plaintiffs suing Xcel Energy over a 2021 wildfire would deprive some people of a fair day in court, pressing lawyers for individual plaintiffs to explain why his plan would infringe on due process.

  • November 15, 2024

    California Blames Travelers For Rot Remediation Policy Deceit

    In a case with potentially untold financial consequences, California district attorneys are blaming Travelers in state court for trying to attract customers by offering coverage for fungi and rot remediation for years without adequately disclosing stringent exclusions to state policyholders, in violation of state code.

  • November 15, 2024

    Philadelphia Eagles Seek To Revive COVID-19 Coverage Suit

    The Philadelphia Eagles pressed a Pennsylvania federal court to rethink its decision tossing the football team's suit against its insurer over coverage for pandemic-related losses, calling its case different from all other COVID-19 loss cases and demanding further proceedings.

  • November 14, 2024

    Insurer Says Mich. Lawyers Lying About Its Auto Coverage

    A no-fault auto insurer alleged in a new complaint Wednesday that Michigan personal injury attorneys and their law firms are engaging in a smear campaign to drive the insurer out of the state, accusing the attorneys and firms of posting lies that the company discourages drivers from selecting adequate policies and overcharges its customers.

  • November 14, 2024

    Insurance Industry Key In Net-Zero Transition, UN Group Says

    The insurance industry must take a more meaningful approach to promoting climate-friendly underwriting and investment practices in support of the transition to a net-zero economy, the United Nations' insurance-climate initiative reported Thursday.

  • November 14, 2024

    Election Highlights States' Role On Insurer Climate Risks

    Working together to understand climate change risks to insurers and their policyholders should be a priority for state regulators, as already limited federal initiatives to study those risks are set to decrease in a Trump administration, risk and climate experts say.

  • November 14, 2024

    Fake Bear, Real Fraud: Calif. Arrests 4 In Insurance Scheme

    Four Los Angeles area residents were charged with insurance fraud and conspiracy after claiming that over $141,000 in damages to luxury autos were caused by a bear, though videos submitted to their insurers showed a person in a bear costume wreaking havoc, a California Department of Insurance spokesperson said.

  • November 14, 2024

    Insurance Litigation Week In Review

    The First Circuit upheld a Berkley unit’s win in a construction defect coverage suit, the Ninth Circuit affirmed that an unlawful exclusion in an auto policy should be reformed and not voided, and the Third Circuit heard oral arguments in a vehicle valuation class action against Progressive. Here, Law360 takes a look at the week's top insurance news.

  • November 13, 2024

    Insurer Says Condo That Prevented Hunting Has No Coverage

    The insurer for a homeowners association asked a South Carolina federal court Wednesday to determine that a dispute over the organization's attempt to ban residents from hunting deer on their property was not owed coverage under its policy's provisions.

  • November 13, 2024

    Insurers Say Hyundai, Kia Should Pay For Combusting Cars

    A slew of insurers for owners of certain Hyundai and Kia vehicles are suing the companies in a case removed to California federal court Wednesday, seeking to recoup costs associated with almost a decade of claims for cars that allegedly spontaneously combust and have not been fixed by the manufacturers.

  • November 13, 2024

    Insurer Says No Coverage For House Fire Caused By Owner

    A property insurer said it doesn't owe coverage to a woman whose Biloxi, Mississippi, home was destroyed in a fire, telling a federal court that its investigation into the loss suggested that the owner started the blaze.

  • November 13, 2024

    Perkins Coie Insurance Litigator Returns From Pillsbury

    Perkins Coie LLP is rehiring an insurance litigator from Pillsbury Winthrop Shaw Pittman LLP, as the firm's insurance recovery work has more than doubled in the past three years, that group's practice chair told Law360 Pulse on Wednesday.

  • November 08, 2024

    1st Circ. Agrees No Coverage For Contractor In Defect Row

    A First Circuit panel affirmed an insurer's win Friday, concluding that the carrier and excess insurers owed no coverage to a general contractor embroiled in underlying litigation regarding damage caused by a subcontractor's allegedly faulty work on a New Jersey project.

  • November 08, 2024

    NC Furniture-Maker Demands Hurricane Helene Coverage

    A North Carolina furniture manufacturing facility is blaming its insurer for wrongfully using a flood damage exclusion to avoid covering more than $75,000 of damage to its premises following 2024's Hurricane Helene.

  • November 07, 2024

    Trump Election Complicates Growing Insurance Climate Crisis

    Donald Trump's election to a second term as president is a huge setback for global efforts to curb climate change, and his disregard for the environment will likely complicate efforts to better understand climate risks facing insurers and consumers, experts say. 

  • November 07, 2024

    Insurance Litigation Week In Review

    Insurers sought to limit coverage for Alexion Pharmaceuticals Inc. in underlying securities claims, a proposed class of Washington Airbnb users accused the company's insurers of including undisclosed fees in their travel insurance and two Hartford units said Meta isn't owed coverage for numerous public nuisance lawsuits. Here, Law360 takes a look at the past week's top insurance news.

  • November 07, 2024

    Strip Mall, Insurer Agree To End Repair Payments Dispute

    A Tennessee strip mall owner and its insurer agreed to bury the hatchet Thursday and resolve claims the insurance company withheld costs for building repairs via wrongful depreciation, Wisconsin federal court filings said.

  • November 07, 2024

    Insurance Industry Biodiversity Push Comes Down To Funds

    The insurance industry could lend crucial support in preventing biodiversity loss through novel risk-sharing instruments, but its effectiveness will depend on the ability to finance coverage costs, and understand the risks to biodiversity in a variety of ecosystems.

  • November 07, 2024

    Firm That Took Hurricane Victim Cases Wants Out Of Fee Row

    A Louisiana law firm that took over now-bankrupt Houston plaintiffs firm MMA Law's hurricane victim cases is appealing a Houston bankruptcy's court's decision not to free it from a lawsuit claiming that it cut MMA out of its share of settlement fees.

  • November 07, 2024

    6th Circ. To Mull CGL-Cyber Line In Home Depot Hack Fight

    The Sixth Circuit's consideration of whether an electronic data exclusion relieves commercial general liability insurers for Home Depot of $50 million in data breach coverage obligations could provide some clarity on when, or if, CGL and cyber coverage overlap.

Expert Analysis

  • Insurance Considerations For Cos. Assessing New AI Risks

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    Because no two businesses will have the same artificial intelligence risk profile, they should consider four broad risk categories as a baseline for taking a proactive approach to guarding against AI-related exposures, say attorneys at Hunton.

  • AI Brings New Insurance Concerns For Healthcare Providers

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    As the healthcare industry increasingly invests in medical artificial intelligence tools, it confronts a variety of liability risks that necessitate careful consideration and potential recalibration of providers' insurance programs, say Marialuisa Gallozzi and Megan Mumford Myers at Covington.

  • Superfund Site Reopenings Carry Insured Risk, Opportunity

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    The U.S. Environmental Protection Agency's reported plans to reopen certain Superfund sites citing the presence of per- and poly-fluoroalkyl substances raise notable liability concerns, but may also present unique opportunities for policyholders under the Comprehensive Environmental Response, Compensation, and Liability Act, say attorneys at Haynes and Boone.

  • 3 AI Regulation Developments Insurers Must Follow

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    Insurance regulators continue to actively develop regulations and guidance on the use of artificial intelligence, so insurers should be aware of recent developments from the Colorado Division of Insurance, the National Association of Insurance Commissioners and the New York Department of Financial Services, say attorneys at Willkie.

  • DC Ruling Provides Support For Builders Risk Claim Recovery

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    To deny coverage for builders risk claims, insurers have been increasingly relying on two arguments, both of which have been invalidated in the recent U.S. District Court for the District of Columbia decision, South Capitol Bridgebuilders v. Lexington, say Greg Podolak and Cheryl Kozdrey at Saxe Doernberger.

  • Deal Over Jets Stranded In Russia May Serve As Blueprint

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    In the face of a pending "mega-trial" over leased airplanes held in Russia after its invasion of Ukraine, a settlement between leading aviation lessor AerCap Holdings NV and NSK, the Russian state-controlled insurance company, could pave the way for similar deals, say Samantha Zaozirny and Timeyin Pinnick at Browne Jacobson.

  • Illinois Trump Tower Ruling Illuminates Insurance 'Occurrence'

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    In Continental Casualty v. 401 North Wabash Venture, an Illinois appellate court found that Trump Tower was not entitled to insurance coverage for operating its HVAC system without a permit, helping to further define a widely litigated general liability insurance issue — what constitutes an "occurrence," say Robert Tugander and Greg Mann at Rivkin Radler.

  • How Shareholder Activists Are Targeting Insurers

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    As shareholder activists take a closer look at the insurance industry, they are pushing insurers to take value-enhancing and climate-related measures — but insurers can prepare by anticipating activist concerns, maintaining robust shareholder engagement, and considering changes in response to the universal proxy rules, say attorneys at Debevoise.

  • Insurers Should Prepare For 'Black Swan' Climate Disasters

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    As rapid climate change results in increased risk of casualties and property loss from rare, severe weather events, the insurance industry should take five crucial steps toward evolving and continuing operations, including advanced analytic techniques and investments in alternative energy sources, say Stephen Brown and Irena Maier at Wilson Elser.

  • 3 Quirks Of New Jersey Insurance Coverage Law

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    There are a multitude of state-specific requirements and nuances that make New Jersey insurance law unique, including in the areas of duty to defend, reservation of rights and bad faith, say attorneys at Goldberg Segalla.

  • Conn. Insurers Should Note Stricter Market Exit Oversight

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    The Connecticut Insurance Department recently issued a bulletin that reflects a unique and stricter approach to insurers' market withdrawals and reductions in property and casualty business, making clear that it will not assess compliance based on an insurer's intent, but on the effect of the insurer's actions, says Elizabeth Retersdorf at Day Pitney.

  • Extreme Weather And Renewable Project Insurance Coverage

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    The regularity and severity of extreme weather events driven by climate change are putting renewable energy projects increasingly at risk — so project owners, contractors and investors should understand the issues that can arise in these situations when seeking recovery under a builder's risk insurance policy, say Paul Ferland and Joshua Tumen at Cozen O'Connor.

  • Potential Relief For Nevada Insureds Is On The Horizon

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    A proposed regulation recently issued by the Nevada Division of Insurance would severely restrict the state's new law prohibiting burning-limits policies, enacting welcome changes to address businesses' concerns that the law will make it harder to obtain cost-effective liability insurance, says Sheri Thome at Wilson Elser.

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