Property

  • April 16, 2024

    5th Circ. Rejects La. Homeowners' Repeat Hurricane Claim

    The Fifth Circuit declined Tuesday to revive a Louisiana couple's proposed class action alleging that their insurer's method of evaluating their Hurricane Ida property damage violated state law, affirming that a previous, related lawsuit the couple filed barred the present claim from coverage.

  • April 16, 2024

    11th Circ. Asks If Undivided Settlement Can Still Be Covered

    An Eleventh Circuit panel seemed torn Tuesday on whether to allow insurance coverage for a $557,000 nonapportioned Georgia federal settlement that potentially included both covered theft and noncovered negligent deconstruction, awarded to a Georgia mill owner who hired the insured.

  • April 15, 2024

    Geico Must Arbitrate Fraud Claims Against Chiropractors

    The Third Circuit held in a precedential opinion Monday that Geico must arbitrate three lawsuits accusing chiropractic practices of providing unnecessary services totaling $10 million, pointing to documentation indicating that disputes connected to personal injury protection benefits must be resolved out of court.

  • April 15, 2024

    Calif. AG Backs Unfair Competition Claims Against State Farm

    California policyholders should be able to assert claims under the state's unfair competition law independent of a one-year claim filing deadline under their insurance policy, state Attorney General Rob Bonta told the California Supreme Court, backing a San Francisco homeowner's unfair competition claims against a State Farm unit.

  • April 12, 2024

    Ala. Church's Hurricane Claims Are Covered, 11th Circ. Rules

    There was enough evidence for an Alabama federal jury to conclude that a church suffered nearly $170,000 in covered property damage from Hurricane Sally, the Eleventh Circuit has ruled, rejecting an insurer's argument that the church's claims failed as a matter of law under a wear and tear exclusion.

  • April 12, 2024

    The Week In Trump: Catch Up On The Ex-President's Cases

    Donald Trump and his legal team proved that they are nothing if not persistent as they repeatedly tried — and failed — to hit the brakes on the former president's porn star hush money trial in Manhattan.

  • April 11, 2024

    Norfolk's Proposed Deal Shows Risk Management Is Critical

    Norfolk Southern Railway Co.'s proposed $600 million settlement with residents and businesses stemming from last year's train derailment and toxic chemical spill in East Palestine, Ohio, highlights the importance of a proactive risk management department and transparency between policyholders and carriers, experts say.

  • April 11, 2024

    Insurer AI Rules Push Self-Oversight, Leave Enforcement Hazy

    State regulators across the United States that advise insurers to establish protocols for testing, documenting and governing their artificial intelligence tools are offering clarity for companies to self-regulate, but leaving the prospect of enforcement vague, experts said.

  • April 11, 2024

    Chubb-Archdiocese Suit Raises Coverage Burden Issue

    A Chubb lawsuit against the Archdiocese of New York over indemnity for sexual abuse claims is implicating questions over which party has the burden to show if a liability might be covered or not, a dispute inextricably tied to justice for the church's many alleged victims.

  • April 11, 2024

    Insurance Litigation Week In Review

    Louisiana's top court was asked to examine the enforceability of certain insurance contracts' arbitration clauses, the Sixth Circuit ordered a company to pay back some of the defense bill its insurer footed, the Pennsylvania Supreme Court heard COVID-19 coverage arguments and the Ninth Circuit rejected such arguments under Washington law.

  • April 11, 2024

    Ex-Geico Agents Ask 6th Circ. To Revive Classification Suit

    A group of former Geico agents asked the Sixth Circuit to revive their claims that they were misclassified and denied benefits, challenging the accuracy and relevance of plan documents that the lower court reviewed when dismissing the workers' suit.

  • April 11, 2024

    11th Circ. To Weigh If Wood Theft Is 'Intentional'

    The Eleventh Circuit will review, on April 16, a Georgia federal ruling forcing an insurer to cover a $557,000 settlement for shoddy workmanship and wood theft during a deconstruction project by its policyholder, and the outcome could hinge on what constitutes an accident and which state law applies. Here, Law360 breaks down the case in advance of oral arguments.

  • April 10, 2024

    La. Top Court Asked To Hear Insurance Arbitration Questions

    The Louisiana Supreme Court should examine the enforceability of arbitration clauses in certain insurance contracts as lawsuits seeking coverage for hurricane damage mount, a Louisiana district court said, certifying a series of questions to the state high court after the Fifth Circuit found they were enforceable.

  • April 10, 2024

    'Let's Get Physical': Pa. Justices Tune In To COVID-19 Coverage

    One of late singer Olivia Newton-John's greatest hits struck a chord with a Pennsylvania Supreme Court justice Wednesday as he considered whether insurers should cover business losses stemming from government shutdown orders during the COVID-19 pandemic 

  • April 10, 2024

    Ex-Trump Finance Chief Weisselberg Jailed For Perjury

    A New York state judge on Wednesday sentenced former Trump Organization Chief Financial Officer Allen Weisselberg to five months in jail for lying under oath in the attorney general's civil fraud case against Donald Trump and his business associates, imprisoning a close ally of the former president on the eve of his hush-money trial.

  • April 09, 2024

    9th Circ. Says Hotel, Restaurant Virus Losses Not Covered

    The Ninth Circuit on Tuesday said two groups of Washington state restaurants and hotels can't claim COVID-related business losses under their insurance policies because they failed to show they physically lost functional use of their properties as a result of the virus.

  • April 09, 2024

    4th Circ. Tosses Duty To Defend Case Over Oil Co.'s Objection

    The Fourth Circuit said Tuesday that a West Virginia oil and gas company lacked standing to continue an appeal that was originally brought by a green grower, which had sought coverage from its insurer for an underlying $4 million land use dispute with the extractor.

  • April 09, 2024

    Insurance Firm Will Pay $4M To End Calif. Wage Class Action

    A California federal judge gave the green light to a $4 million class action settlement resolving allegations that an insurance and risk management company didn't closely track workers' hours, which resulted in underpayment for over 2,100 workers. 

  • April 09, 2024

    Trump Opposes NY Monitor Probe After Exec's Perjury

    Attorneys for Donald Trump argued against allowing a court-appointed monitor of the Trump Organization to look into supposed discovery lapses in the New York attorney general's civil business fraud case related to a perjury plea by the company's former longtime Chief Financial Officer Allen Weisselberg.

  • April 09, 2024

    Embattled Houston Law Firm Files Ch. 11

    Insurance law firm MMA Law Firm on Tuesday filed for Chapter 11 protection in a Texas bankruptcy court, weeks after a federal judge declined to toss a suit seeking class damages over the Houston firm's allegedly illegal efforts to solicit clients in hurricane-related property damage cases.

  • April 08, 2024

    AIG Acted In Bad Faith In Hurricane Dispute, Homeowners Say

    Owners of a $95 million oceanfront mansion near Miami told jurors Monday that AIG should be punished for acting in bad faith in handling a claim for damage from Hurricane Irma, saying the company repeatedly prioritized maximizing profits at the expense of customer service.

  • April 08, 2024

    Texas School District Not Immune In Arbitration Row

    A Texas school district isn't immune from a lawsuit by its insurers seeking to appoint an umpire in a $10 million hurricane damage dispute, a New York federal court ruled Monday, finding the district doesn't meet the standards set under the 11th Amendment.

  • April 08, 2024

    Conn. Law Firm Demands Insurer Pay More For Leak In Office

    A Connecticut law firm and a real estate company have accused their insurer of failing to fully cover damage from a leak at their New Haven offices despite a $2.2 million policy in a suit removed to Connecticut federal court by the insurer.

  • April 08, 2024

    Insurer Fights 3rd Circ. Bid To Revive Crash Coverage Suit

    An insurer has urged the Third Circuit to affirm that a Pennsylvania couple couldn't claim it had acted in bad faith by failing to immediately cover the husband's brain injuries from a crash with an underinsured motorist.

  • April 05, 2024

    NJ Recycler's Fire Damage Suit To Remain In NJ, Judge Rules

    A New Jersey federal judge declined to move a paper recycler's fire coverage dispute to New York, but did agree to toss one of its claims against its insurer, finding the recycler's declaratory judgment and breach of contract claims were duplicative.

Expert Analysis

  • Lessons On Notice From 7th Circ. Claims-Made Policy Ruling

    Author Photo

    The Seventh Circuit's recent decision in Hanover Insurance v. R.W. Dunteman contains broad lessons for policyholders — as many claims-made policies include similar aggregation and claims notice provisions as the one at issue — on how to preserve coverage, say Brian Scarbrough and Maura Smyles at Jenner & Block.

  • Fla. Insurance Suit Trends To Look Out For After Hurricane Ian

    Author Photo

    There will likely be tens of thousands of property insurance lawsuits filed in the wake of Hurricane Ian, and carriers and insureds will need to view claims through Florida's Valued Policy Law, the concurrent cause doctrine and anti-concurrent cause provisions, say David Levin and Spencer Leach at Baker Donelson.

  • Property Policies Could Cover Organized Retail Crime Losses

    Author Photo

    Following a recent surge in organized retail crime, policyholders can look to case law that suggests they may be able to skirt property policy loss exclusions if they can produce evidence of theft, says Micah Skidmore at Haynes Boone.

  • Policyholders Are Not To Blame For Social Inflation

    Author Photo

    As part of the controversial assertion that insurers are facing an unprecedented increase in claims costs due to so-called social inflation, a recent Law360 guest article argued that policyholders contribute to social inflation and are therefore responsible for remedying it, but these accusations are unsupported by empirical data, says Benjamin Tievsky at Pillsbury.

  • How A Publication Request Helped Shape COVID Case Law

    Author Photo

    More than a decade after MRI Healthcare v. State Farm was decided in a California state appeals court, the case influenced the early development of COVID-19 business interruption insurance law and shows how counsel can use publication requests to help shape the industry, say Josephine Petrick and Ashley Nakai at Hanson Bridgett.

  • A Recovery Option For Lenders With Planes Stuck In Russia

    Author Photo

    For aircraft lessors considering insurance coverage litigation to recover for losses of equipment leased to Russian airlines, negotiating an assignment of rights may provide a faster pathway to recovery, say David Klein and Jose Lua-Valencia at Pillsbury.

  • Policyholders Should Also Want To Fight Social Inflation

    Author Photo

    Effectively combating the ills of social inflation — the upward creep in insurance litigation and expected payouts — requires all stakeholders, not just insurers, to recognize the mutual interests between insurers and the risk pool of insureds, says Bryant Green at Zelle.

  • Property Claim Ruling Rightly Backs Texas Removal Policy

    Author Photo

    The Fifth Circuit’s recent decision in Advanced Indicator v. Acadia Insurance, allowing the insurer to remove a property damage suit to federal court, ensures that abusive practices related to weather claims will continue to be thwarted per an important chapter of the Texas Insurance Code, says Karl Schulz at Cozen.

  • Trends And Opportunities In Canada's Insurance M&A Market

    Author Photo

    Laurie LaPalme and Derek Levinsky at Dentons discuss the results of a survey regarding Canada's insurance mergers and acquisitions market, and their expectations for the next year in this space — including an increased focus on accident and sickness insurance, and technology-focused assets.

  • 4 Themes From Policyholder Wins In COVID Coverage Cases

    Author Photo

    As COVID-19 business interruption coverage lawsuits wind their way through state and federal courts, the broader trends emerging from the policyholder victories can assist insureds and their counsel with strategic litigation decisions, says Nicholas Insua at Reed Smith.

  • Capturing Insurance Coverage For Climate Change Suits

    Author Photo

    As municipalities increasingly file suits seeking damages from oil companies in connection with climate change, the companies should consider filing actions to forestall insurer denials of commercial general liability coverage based on theories of novelty or inapplicable pollution exclusions, say attorneys at Haynes and Boone.

  • After Climate Rulings, Insurers May Go On Coverage Offense

    Author Photo

    As climate change lawsuits progress, coverage litigation quickly follows — as evidenced by two recently filed suits, Aloha Petroleum v. National Union Fire Insurance and Everest Premier Insurance v. Gulf Oil — and insurers will likely become more proactive in seeking to limit their exposure, say Jose Umbert and Hernan Cipriotti at Zelle.

  • Indirect Hurricane Ian Losses Could Be Covered By Insurance

    Author Photo

    Even companies indirectly affected by Hurricane Ian — for instance, by losses in their supply chain — should review their commercial property policies as they might benefit from specific insurance clauses covering these types of losses, says William Wagner at Taft.

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