Property

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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. 

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • April 24, 2024

    Condo Group Says Insurer Is Blowing Off Wind, Hail Damage

    Greater New York Mutual Insurance Co. has moved to federal court an Ohio non-profit condominium community's state court lawsuit accusing it of lowballing the group's wind and hail damage costs and then refusing to engage in their agreed-upon appraisal process.

  • April 24, 2024

    Samsung Unit Says Exclusion Doesn't Apply To Storm Losses

    A Samsung unit seeking coverage for more than $400 million in damage to its semiconductor manufacturing facility related to Winter Storm Uri in 2021 asked a Texas federal court to rule that power loss during the storm did not trigger the policy's so-called lack of services exclusion.

  • April 23, 2024

    HUD Finalizes Rule Raising Building Standards In Flood Zones

    The U.S. Department of Housing and Urban Development published a rule on Tuesday setting stricter flood-protection standards for homes built or fixed with funds from the agency in an effort to manage storm risk and rising insurance costs.

  • April 22, 2024

    Ralph Lauren Can Continue Appeal Of COVID Coverage Loss

    The Third Circuit on Monday lifted a stay that sidelined a Ralph Lauren Corp. appeal of a district judge's ruling that the fashion retailer failed to show insurable physical damage to stores from the COVID-19 pandemic, sending the case to an appellate motions panel with three similar actions.

  • April 19, 2024

    Insurers Push To Arbitrate Hurricane Damage Case

    An arbitrator should decide whether a Louisiana property owner's hurricane damage claims must be arbitrated, a group of surplus lines insurers argued in urging the Second Circuit to reject a New York district court's reliance on the circuit's precedent to find the arbitration clause at issue unenforceable.

  • April 19, 2024

    CORRECTED: Fla. Jury Says AIG Mishandled Claim For Irma Damage

    A Florida federal jury on Friday found that AIG mishandled part of the claims process for damage from Hurricane Irma to a $95 million oceanfront mansion near Miami but declined to award punitive damages against the insurer.

Expert Analysis

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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

  • Fla. Bill Would Rein In Personal Injury Litigation Excesses

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    A recently proposed bill in the Florida House that would change bad-faith laws and the admissibility of medical bills for services performed under a letter of protection would provide reasonable checks on practices that are far too common in personal injury cases in the Sunshine State, say attorneys at Baker Donelson.

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