Property

  • June 05, 2024

    Chubb Needn't Cover $14.5M Mold Deal, 11th Circ. Says

    A $14.5 million consent judgment that a Florida woman secured against her condominium's property manager over what she alleged was mold exposure cannot be enforced against a pair of Chubb insurers, the Eleventh Circuit affirmed, saying the manager's carriers did not breach their duty to defend.

  • June 05, 2024

    4th Circ. Affirms Insurer's Win In Couple's Home Damage Suit

    A West Virginia couple wasn't entitled to a new trial in a property damage coverage dispute, the Fourth Circuit ruled Wednesday, saying a lower court did not abuse its discretion or err in excluding the couple's expert witness and allowing the insurer's expert to testify.

  • June 04, 2024

    Simpson Reps Frontdoor On $585M Home Warranty Co. Buy

    Simpson Thacher is representing Frontdoor Inc. on a newly inked deal to buy fellow home warranties provider 2-10 Home Buyers Warranty, guided by Ropes & Gray, for $585 million in cash, according to a statement Tuesday.

  • June 03, 2024

    Title Insurer Says Ga. Firm Must Repay $158K For Deed Error

    A title insurance company said a Georgia law firm must reimburse it $158,000 for negligently issuing a title insurance policy on a real estate closing, telling a Georgia federal court that it is entitled to contractual and common law indemnity for its losses.

  • May 31, 2024

    Texas Justices Won't Take On City Insurance Coverage Fight

    The Texas Supreme Court on Friday declined to review a trial court's decision rejecting a municipal insurance risk pool's attempt to evade the city of Hidalgo's lawsuit seeking to recover millions of dollars for damage sustained in Hurricane Hanna in July 2020. 

  • May 31, 2024

    Boat Owner's $1.85M Policy Void In Fire Dispute, Judge Says

    A Florida federal court declared a yacht owner's marine insurance policy void from inception, saying the owner, who was seeking coverage for a 2023 boat fire, materially misrepresented the price of the vessel.

  • May 31, 2024

    Contractor, Insurers Settle NYC Four Seasons Coverage Row

    A New York federal judge dismissed a general contractor's suit seeking coverage from two insurers for an underlying $1 million action over damage to a Four Seasons hotel in midtown Manhattan, saying the parties have reached a proposed settlement.

  • May 31, 2024

    4th Circ. Won't Revive NC Homeowners' Storm Coverage Suit

    The Fourth Circuit refused on Friday to revive a suit brought by the owners of a North Carolina beach house accusing certain underwriters at Lloyd's London of stalling a $1 million payout over hurricane damage.

  • May 31, 2024

    Child Care Center Says Insurer Duped It Into Less Coverage

    A Texas child care center says that Century Surety Co. made false claims when it came time to renew an insurance policy, telling a federal court Thursday that the insurance company duped it into signing a policy that had coverage well below what the center thought it was getting.

  • May 30, 2024

    NRA Wins Free Speech High Court Battle But May Lose Its War

    The U.S. Supreme Court allowed the National Rifle Association to proceed with its lawsuit alleging a former New York state official unlawfully pressured financial institutions to cut ties, but the group may now face greater hurdles to final victory.

  • May 30, 2024

    Travelers Loses Dismissal Bid In BIPA Coverage Dispute

    A New York federal judge declined to trim a software company's lawsuit seeking coverage from a Travelers unit for underlying claims that the company violated the Illinois Biometric Privacy Act, finding the company's declaratory relief and bad faith claims were not duplicative of a breach of contract claim.

  • May 30, 2024

    Only $100K Owed For NJ Theater's Virus Losses, Judge Says

    A Zurich unit owed a theater only $100,000 for its COVID-19-related losses under its policy's communicable disease coverage provision, a New Jersey federal court ruled, rejecting the theater's arguments that each public health order constituted a separate occurrence and that a "blanket" $1.9 million limit was applicable.

  • May 30, 2024

    Insurance Litigation Week In Review

    The U.S. Supreme Court revived the National Rifle Association's free speech claims against a former New York state official, a Washington state appeals court ended Quest Diagnostics' bid for COVID-related coverage, and market analyst AM Best reported record investment income for U.S. property and casualty insurers in 2023.

  • May 30, 2024

    Active Hurricane Season Looms Over Insurance Industry

    The Atlantic hurricane season could continue to stress fragile insurance markets, according to forecasts of a particularly active 2024 season, but experts say there are some positive developments for Florida insurers despite years of elevated losses.

  • May 30, 2024

    Consumer Advocate Unpacks Big Issues Facing Insureds

    The use of socioeconomic factors in auto insurance, climate change's impact on the rising cost of homeowners insurance and the hollowing out of insurance policies are some of the most pressing issues consumers face today, says an advocate from the nonprofit Consumer Federation of America.

  • May 30, 2024

    Insurer Rebukes Bad Faith Claims In $25M Child Abuse Row

    An insurer urged a Washington federal court to dismiss bad faith counterclaims brought against it by families who say the insurer failed to provide coverage toward a daycare center's $24.5 million settlement of claims that its former employee sexually molested children.

  • May 30, 2024

    Insurance Atty Fights For Lone Woman On Death Row In Miss.

    Attorney A. Kate Margolis lives a double life: one, in which she fights on behalf of insurance policyholders as counsel at Bradley, and another, spent trying to save convicted murderer Lisa Jo Chamberlin, the only woman on Mississippi's death row.

  • May 30, 2024

    Meet The Attys In Margolis Edelstein Malpractice Fight

    Counsel representing Margolis Edelstein and an insurer that has accused the firm of malpractice are gearing up for a July oral argument so the Delaware Supreme Court can decide if the firm can escape the suit.

  • May 30, 2024

    Justices Revive NRA's Free Speech Claims Against NY Official

    The U.S. Supreme Court ruled Thursday that the National Rifle Association can proceed with certain claims in its lawsuit alleging that a former New York state official violated the gun rights group's free speech protections by pressuring financial institutions to cut ties with it.

  • May 29, 2024

    Wash. Panel Ends Quest Diagnostics' COVID Coverage Quest

    Quest Diagnostics' insurers don't owe the medical testing lab COVID-19-related business loss coverage, a Washington appeals court said, ruling the company failed to show that the presence of the virus resulted in physical loss or damage to its property.

  • May 28, 2024

    US Property Insurers See Record Investment Income In 2023

    U.S. property and casualty insurers earned a record income of $73.9 billion from their investments in 2023, market analyst AM Best reported Tuesday, a bright spot for an industry beset by underwriting losses connected to natural disasters and high inflation.

  • May 28, 2024

    Apartment Co. Says Insurer Owes Millions For Hail Damage

    The owners of an apartment building blamed an insurer for breaching its contract in Kansas federal court Tuesday, alleging the carrier failed to cover over $13 million in wind, hail and water damages and underestimated the loss despite clear evidence.

  • May 28, 2024

    Insurers, Charter School Assoc. Dismiss Ida Damage Row

    A New Orleans-area charter school system and its insurers have agreed to dismiss their dispute over coverage for the system's Hurricane Ida damage claims, the parties told a Louisiana federal court Tuesday, saying "all claims and causes of action brought forth in the above captioned matter have been compromised."

  • May 24, 2024

    Chinese Reinsurer Seeks Exit From Reimbursement Suit

    A Chinese reinsurance company urged an Iowa federal court Friday to toss an insurer's suit seeking reimbursement for property insurance coverage claims it paid out, saying the court lacks jurisdiction because the company was not properly served.

  • May 24, 2024

    Insurer's Coverage Suit Premature, Ga. Apt. Complex Says

    An apartment complex facing negligence claims over a shooting told a Georgia federal court that its insurer's suit seeking to avoid coverage must be tossed, arguing that without any factual findings in the underlying state court action, any finding on the insurer's duty to indemnify would be premature.

Expert Analysis

  • 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

    Excerpt from Practical Guidance
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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.

  • NY Co-Ops Must Avoid Pitfalls When Navigating Insurance

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    In light of skyrocketing premiums, tricky exclusions and dwindling options, New York cooperative corporations must carefully review potential contractors' insurance policies in order to secure full protection, as even seemingly minor contractor jobs can carry significant risk due to New York labor laws, says Eliot Zuckerman at Smith Gambrell.

  • Insurance Rulings Continue Expansion Of Appraisal's Ambit

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    Two recent Illinois insurance cases allowing property damage appraisers to determine causation — Wysoczan v. Cambridge in federal court and Shelter v. Morrow in state appellate court — perpetuate a judicial trend that will result in a slower, more expensive and cumbersome appraisal process that resembles litigation, says Matthew Fortin at BatesCarey.

  • Suits Likely Over Nevada Law Limiting Claimant Injury Exams

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    A new Nevada law placing barriers on the mental or physical examinations that defendants use to evaluate claimants' injuries will likely spur waves of litigation to reconcile it with existing rules and practice, says Michael Lowry at Wilson Elser.

  • Mass. Ruling Shows Value Of Additional Insured Specifics

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    A Massachusetts court’s recent D.F. Pray v. Wesco Insurance decision demonstrates that blanket additional insured endorsements can create issues with personal jurisdiction, so those named as additional insureds should require their lower-tier contractors to use specific endorsements, say Thomas Dunn and Sheya Rivard at Pierce Atwood.

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