Property

  • February 29, 2024

    Auto Co. Says $50M Policy Endorsement Covers COVID Loss

    An auto parts manufacturer is seeking $50 million in coverage for its COVID-19 pandemic-related losses in North Carolina federal court, claiming its policy's "unique" communicable disease provision was misrepresented when its insurer denied coverage for losses at its Indiana, Ohio, Michigan and North Carolina locations.

  • February 29, 2024

    SVB Parent's Counsel Booted From Fraud Coverage Row

    The bankrupt parent company of Silicon Valley Bank cannot use Farella Braun & Martel LLP as counsel in litigation over the parent company's claims that it alone must be covered for a fraud scheme that caused over $73 million in losses, a North Carolina federal court ruled.

  • February 28, 2024

    Insurer Wins New Trial Due To Paralegal's Surprise Testimony

    An insurer will receive a new trial in its coverage dispute with two homeowners over damage caused by a water supply line failure, a Florida state appeals court ruled, finding the insurer was prejudiced by the trial court allowing a paralegal to testify as a surprise witness.

  • February 28, 2024

    No More Coverage For Aluminum Co.'s $165M Fire Damage

    A South Carolina federal judge on Wednesday snuffed out an aluminum company's $165 million fire damage suit, ruling that its insurers had already paid up to their limits of $10 million for the molten material damage.

  • February 28, 2024

    Insurance Agency Says It Wasn't Told Of Airbnb Shooting Suits

    A Pennsylvania insurance agency accused of concealing that a Pittsburgh Airbnb property was subject to numerous lawsuits over a mass shooting has claimed that the property owner never revealed the problems when shopping for a new policy, so it wasn't the agency's fault when the new insurer canceled coverage.

  • February 28, 2024

    Seattle Convention Center's Virus Losses Not Covered

    A Seattle convention center operator is not owed coverage for pandemic-related business interruption losses, a Washington federal judge ruled, finding that although the governor's emergency pandemic proclamations prohibited access to the convention center, they weren't issued because of physical loss or damage to the property.

  • February 28, 2024

    BASF Says Insurers Owe Coverage For PFAS Suits

    Major chemical manufacturer BASF Corp. told a South Carolina court Wednesday that 23 insurers should cover thousands of lawsuits that alleged a chemical the company produced for firefighting foam caused pollution and injuries.

  • February 27, 2024

    La. Comfort Inn Owner Ordered To Arbitrate $2.6M Storm Suit

    A Louisiana federal judge has ordered the owner of a Comfort Inn outside New Orleans to arbitrate a $2.6 million suit against its insurer over coverage for damage from Hurricane Ida, saying its insurance policy compels arbitration.

  • February 27, 2024

    Egg Co. Not Covered For Avian Flu Losses, Minn. Judge Says

    A Markel unit does not owe coverage to an egg supplier for losses it sustained due to an avian flu outbreak in 2022, a Minnesota federal judge ruled Tuesday, finding that a communicable disease exclusion in a site pollution and environmental policy precluded coverage.

  • February 26, 2024

    Atty's Letter Is Not A Claim For Damages, Del. Justices Rule

    An attorney's presuit letter claiming that Syngenta's herbicide Paraquat caused his clients' Parkinson's disease does not constitute a "claim for damages" under the company's insurance policies with a pair of Zurich units, the Delaware Supreme Court ruled Monday.

  • February 26, 2024

    Colo. Justices To Hear If Insurers Can Withhold Some Payouts

    The Colorado Supreme Court said Monday it will consider whether the state's insurance code allowed Geico, following unsuccessful settlement attempts, to refuse paying noneconomic damages to a policyholder for his underinsured motorist claim, given what Geico said is the "inherently subjective" nature of such damages.

  • February 26, 2024

    Mo. City Asks 8th Circ. To Revisit COVID-19 Coverage Ruling

    A Missouri city urged the full Eighth Circuit Monday to reconsider a panel decision that denied its request for coverage for sales tax revenue losses resulting from shutdowns related to COVID-19, saying the panel misinterpreted the policy's terms and skewed its review in favor of the insurer.

  • February 26, 2024

    Liberty Cuts Off Drivers' Rentals Too Soon, Suit Claims

    Liberty Mutual systematically and arbitrarily ends replacement transportation coverage after seven days for policyholders whose vehicles are totaled in collisions, in violation of its own policy language, a proposed class action alleges.

  • February 26, 2024

    Texas Justices Say $220M Cobalt Deal Is A Loss Under Policy

    A $220 million settlement that now-bankrupt Cobalt International Energy Inc. reached with a group of investors constitutes a loss under the energy company's insurance policies, but the agreement is not binding on Cobalt's insurers to establish coverage, the Texas Supreme Court ruled.

  • February 26, 2024

    State Farm Seeks Exit From Aircraft Designer's Explosion Row

    An aircraft design company is not owed coverage for five underlying lawsuits surrounding an explosion at an aeronautical test site that killed one employee, State Farm has told a California federal court, arguing that the underlying actions triggered multiple policy exclusions.

  • February 23, 2024

    La. Hotel Owner Must Arbitrate Hurricane Ida Damage Claims

    A Louisiana federal judge has ordered the owner of an extended-stay hotel near New Orleans to go to arbitration with a group of insurers over coverage for damage caused by Hurricane Ida, finding that the policy under dispute contains a valid arbitral clause.

  • February 23, 2024

    Insurance Litigation Week In Review

    From maritime contracts’ choice-of-law provisions to a question on how far an agency can steer companies from contracting with controversial groups, the past week saw two insurance-related cases before the U.S. Supreme Court, plus litigation over a mass shooting and a casino operator’s claims that its “unique” policy covers pandemic losses. Here, Law360 recaps the week's top insurance news. 

  • February 23, 2024

    The New BIPA? Attys Warn GIPA Is A 'Live Grenade'

    After notable appellate victories in biometric privacy cases, Illinois plaintiffs have seized upon a previously little-used law protecting workers' genetic privacy, leaving defense attorneys wondering if history will repeat itself and open companies to potentially explosive liability. 

  • February 23, 2024

    Travelers Can't Duck Payout In Warehouse Fire Reversal

    A New York federal court has rejected Travelers' bid for additional discovery in a coverage dispute involving a textile importer whose goods were destroyed in a warehouse fire, after the Second Circuit vacated the insurer's early win in December and remanded for a judgment in the importer's favor.

  • February 26, 2024

    New York Pandemic Coverage Ruling Offers Few Surprises

    Businesses seeking insurance coverage for their pandemic losses were dealt yet another loss recently by New York's top court, a ruling that didn't surprise attorneys watching to see whether the Empire State might buck the trend of carrier victories.

  • February 23, 2024

    Insurance M&A Partner From Sidley Joins Kirkland

    Kirkland & Ellis LLP has added a corporate partner in its insurance transactions and regulatory and financial institutions practice groups, bringing on a former Sidley Austin LLP attorney who said he "couldn't be more excited" to join the firm's Chicago office.

  • February 23, 2024

    Judge Reverses Self, Says Hurricane Ad Suit Should Continue

    Reversing her earlier decision, a federal magistrate judge has issued a preliminary ruling in favor of a woman who alleges that troubled Houston law firm McClenny Moseley & Associates PLLC and associated companies bombarded Louisiana hurricane victims with illegal marketing.

  • February 23, 2024

    Trade Group Tells NC Justices COVID-19 Losses Not Covered

    A dozen North Carolina eateries are not owed coverage for pandemic-related losses, the American Property Casualty Insurance Association told the state's highest court, saying the policies at issue were never intended to cover economic damages "untethered" to physical loss or damage.

  • February 26, 2024

    Justices' Maritime Insurance Ruling Retains Tilted Status Quo

    When the U.S. Supreme Court ruled last week that an insurer can enforce choice-of-law provisions in a marine insurance policy it issued to the owner of a yacht that ran aground, it upheld existing practices that give insurers the upper hand over policyholders.

  • February 22, 2024

    ATV Accident Coverage Win Remanded Over Kid's Residency

    A Missouri appeals court remanded a lower court's decision over whether a father's farm insurance covered the $1 million in damages inflicted on his daughter after an ATV accident, saying that the central question of whether the child resided at her father's home or at his ex-wife's was still unresolved.

Expert Analysis

  • NY Ruling Highlights Need For Specific Insurance Disclaimers

    Author Photo

    New York coverage counsel responsible for writing disclaimer letters should heed a recent appellate decision, Bahnuk v. Countryway Insurance, in which the letter sent to the plaintiff was deemed to be insufficiently specific, leaving the insurance company on the hook for coverage, says Dan Kohane at Hurwitz Fine.

  • 5 Tips For Filing Gov't Notices After Insurance Producer M&A

    Author Photo

    As insurance producer acquisition activity picks up in 2023, requiring a daunting process of notifying information changes to each Department of Insurance where the entity is licensed, certain best practices will help buyers alleviate frustration and avoid administrative actions and fines, say attorneys at Foley & Lardner.

  • Policyholder Lessons From Sandy No-Coverage Decision

    Author Photo

    A New York federal court recently decided that in the aftermath of Hurricane Sandy, Madelaine Chocolate knew Great Northern Insurance’s all-risk policy offered no coverage for storm surge — an important reminder that policyholders should review policy language for ambiguities or anti-concurrent causation clauses, say Dennis Artese and Joshua Zelen at Anderson Kill.

  • Insureds' Notice Pleading May Be Insufficient In Federal Court

    Author Photo

    A recent New Jersey federal court ruling in Bauman v. Hanover Insurance held that bare-bones notice pleading was insufficient and dismissed the policyholder's coverage complaint, a reminder that courts may require more than an expression of general disagreement with an insurance company's denial letter to proceed with the case, says Eugene Killian at The Killian Firm.

  • 5th Circ. Offers Expert Opinion Guidance For Insurance Cases

    Author Photo

    A recent Fifth Circuit decision in Majestic Oil v. Lloyd's of London provides insight into how Texas' concurrent causation doctrine could affect insurance cases where the cause of damage is at issue, and raises considerations for litigants faced with new or revised expert reports after the deadline has passed, say Brian Scarbrough and Cianan Lesley at Jenner & Block.

  • A Look At Florida's Aggressively Pro-Insurer Tort Reform

    Author Photo

    Florida's new tort reform law is an unwarranted gift to insurance companies that seeks to strip policyholders of key rights while doing little to curb excessive litigation, say Garrett Nemeroff and Hugh Lumpkin at Reed Smith.

  • Navigating High Court's Options In Insurer Choice Of Law

    Author Photo

    Depending on how the U.S. Supreme Court approaches the question of when insurers may invoke choice-of-law clauses in maritime contracts to dodge state-specific liability, the Great Lakes v. Raiders Retreat Realty decision may mean significant changes not only for admiralty law disputes, but for the insurance industry more broadly, say Lara Cassidy and Adriana Perez at Hunton.

  • How Cannabis Cos. Can Comply With NJ Industrial Site Law

    Author Photo

    As New Jersey’s recreational cannabis market flourishes, manufacturers that may be subject to a state environmental law must take extra precautions to mitigate potential liabilities and costs, including for historical contamination, says Matthew Karmel at Offit Kurman.

  • As EVs Surge, Regs For Charger Warranties Remain Murky

    Author Photo

    Even as electric vehicles move rapidly into the mainstream, extended warranties for EV chargers do not always fit clearly into existing regulatory categories — but how such contracts are classified can have serious implications for the companies that issue and sell them, say attorneys at Locke Lord.

  • Tips For Plaintiffs Attorneys Ahead Of Expanded Fire Season

    Author Photo

    With the expansion of fire season — both in length of time and geography — plaintiffs lawyers can expect fire-related litigation to increase this coming year and need to prepare themselves and their clients for claims that are complex, time-consuming and costly, says Gerald Singleton at Singleton Schreiber.

  • Establishing A Record Of Good Faith In Mediation

    Author Photo

    Viacom v. U.S. Specialty Insurance, and other recent cases, highlight the developing criteria for determining good faith participation in mediation, as well as several practical tips to establish such a record, says Richard Mason at MasonADR.

  • Using ChatGPT To Handle Insurance Claims Is A Risky Move

    Author Photo

    ChatGPT gets some insurance law questions surprisingly wrong, and while it handles broader coverage concepts significantly better, using it to assist with coverage questions will likely lead to erroneous results and could leave insurers liable for bad faith, says Randy Maniloff at White and Williams.

  • Insureds Must Prep For Drought-Related Service Interruptions

    Author Photo

    Amid the ongoing U.S. water crisis, corporate policyholders must prepare for the emerging risk of service interruption property damage and time element loss, including through careful examination of their current and renewal property policies, says Micah Skidmore at Haynes Boone.

Can't find the article you're looking for? Click here to search the Insurance Authority Property archive.