Property

  • 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.

  • February 21, 2024

    Nationwide Says Walmart Should Pay NY Humidifier Fire Costs

    Walmart should pay for a $165,000 blaze ignited by a humidifier it sold to a Long Island, New York, woman, Nationwide told a New York federal court Wednesday.

  • February 21, 2024

    Uber Says Insurers Failed To Cover Dozens Of Injury Suits

    Uber's insurers failed to live up to their obligations to defend the company and its for-hire drivers in dozens of personal injury lawsuits, the ride-hailing giant claims in two suits filed in New York federal court, saying that the companies' conduct had a negative impact on thousands of New York City drivers.

  • February 21, 2024

    No Property Coverage For Maui Wildfire, Insurer Says

    A condominium association and its property manager have no coverage for property damage claims stemming from the 2023 Maui wildfires, their insurer told a Hawaii federal court, arguing that a property damage exclusion in their errors and omissions policy wholly bars coverage.

  • February 20, 2024

    Casinos Say 'Unique' Policy Should Cover $130M COVID Loss

    A casino operator with properties on the Las Vegas Strip and beyond told a Nevada federal court that its "unique" all-risk insurance is the broadest available coverage and should pay for $130 million in business interruption losses caused by the COVID-19 pandemic.

  • February 20, 2024

    Eateries' Virus Losses Not Covered, Insurer Tells NC Justices

    Cincinnati Insurance Co. urged the North Carolina Supreme Court to affirm its win in a dispute with more than a dozen eateries over coverage for pandemic-related losses, saying government shutdown orders do not constitute direct physical loss or damage required to trigger coverage.

  • February 20, 2024

    Insurers Say Pollution Exclusion Bars Cancer Suits Defense

    An oil company accused of causing four people to develop cancer through exposure to harmful chemicals should not have coverage for its defense of the claims, according to four Nationwide units that told an Illinois federal court the company has no pollution coverage.

  • February 16, 2024

    4th Circ. Won't Revive Car Dealer's Hurricane Coverage Suit

    The Fourth Circuit declined to revive a South Carolina car dealership's lawsuit seeking coverage from an AIG unit for losses the business sustained from Hurricane Dorian in 2019, agreeing with a district court that there was no link between a government evacuation order and physical damage that would warrant civil authority coverage.

  • February 16, 2024

    Condo Co., Insurer Settle Proposed Class Action Coverage

    A Miami condominium, its former management company and various insurers agreed to settle coverage for a proposed class action accusing the condominium companies of allowing the building to deteriorate, a Florida federal judge said Friday, staying the coverage litigation while the parties finalize the deal.

  • February 16, 2024

    Barge Co., Insurer End Pollution Cleanup Coverage Fight

    A Washington barge company and its insurer reached an agreement in a dispute over coverage of legal expenses stemming from claims that the company was liable for environmental pollution at an EPA cleanup site, according to a notice filed in Washington federal court.

  • February 15, 2024

    No Coverage For Pandemic Losses, NY Top Court Rules

    A Texas-based restaurant operator isn't entitled to insurance coverage for its pandemic losses, New York's top court ruled Thursday, saying the operator didn't allege the kind of physical loss or damage required for coverage.

  • February 15, 2024

    Second Carrier Seeks To Toss Four Seasons Coverage Row

    A subcontractor's insurer joined another carrier in urging a New York federal court to dismiss a general contractor's lawsuit seeking coverage in a $1 million underlying action over damage to a Four Seasons hotel in midtown Manhattan, arguing that the faulty workmanship claims don't constitute an occurrence under its policy.

  • February 15, 2024

    Zurich Owes $554K Over Faulty Construction Work, Erie Says

    Erie Insurance Co. told a D.C. federal court Thursday that a Zurich unit wrongly denied coverage to Erie-insured subcontractors for over $554,000 in damage stemming from faulty work at a government agency renovation project, arguing Zurich has cited the wrong coverage form to deny liability.

  • February 15, 2024

    9th Circ. Backs Homeowners' Cert. In Allstate Overcharge Suit

    Allstate will have to face a class action accusing it of artificially inflating home insurance premiums for thousands of California properties by double-counting built-in garage space, a Ninth Circuit panel ruled, affirming a lower court's decision.

  • February 14, 2024

    Fla. Condo Says Chubb Unit Stalled On $7M Storm Claim

    A Florida Keys condominium has sued a Chubb unit over coverage related to $7.3 million worth of damage sustained during a 2017 hurricane, saying the company breached "industry standards" by dragging its feet on a claim and issued an amount less than what was needed for repairs.

  • February 14, 2024

    Contractor Owes $13M To Cover Virus Defaults, Insurer Says

    A Michigan-based insurer asked a Florida federal court Wednesday to grant a default final judgment in its indemnification suit against a contractor, seeking to force the company to cough up nearly $13 million to reimburse payments against its surety bonds and protect the insurer from future claims.

  • February 14, 2024

    Insurer Notice Law Applies Retroactively, Fla. Panel Rules

    A Florida state appeals panel affirmed the dismissal of a property insurance dispute by homeowners against their insurer, saying Wednesday lawmakers intended for a statute requiring policyholders to notify a state agency before suing an insurer for breach of contract to apply retroactively.

  • February 14, 2024

    Insurer Wants Out Of Covering SC Club Shooting

    A Nationwide unit has told a South Carolina federal court it doesn't have to defend a nightclub operator against a former patron's negligence suit, arguing that an assault and battery exclusion in its liquor liability policy bars coverage for the claimant's shooting-related injuries.

  • February 14, 2024

    $600K In Dairy Queen Fire Damages Not Covered, Court Told

    A Dairy Queen franchisee is attempting to overstep boundaries by asking for more coverage than the policy provides, its insurer told a Texas federal court, saying the restaurant's claim stems from the business's personal property damage from a fire at a leased location.

  • February 14, 2024

    Homebuilder, Insurer Settle Coverage Suit Over Fatal Fire

    A builder accused of causing the deaths of two people by failing to install working smoke detectors in a home it constructed has settled its dispute with an insurer over $1 million in coverage for underlying litigation related to the deaths in California federal court.

  • February 13, 2024

    Insurer, Apartment Owner Agree To End Hail Damage Dispute

    The owner of a 12-building apartment complex near Texas A&M University has agreed to end a dispute in Texas federal court with its insurer over $4 million in hail damage coverage.

  • February 13, 2024

    11th Circ. Boots Insurer's Appraisal Order Challenge

    The Eleventh Circuit rejected a Zurich unit's bid to escape a Florida district court's order compelling it into appraisal proceedings with a Pensacola hotel owner, finding Tuesday the appellate court had no power to review a nonfinal order.

  • February 13, 2024

    $3.3M Loss Of Stolen Nokia Phones Not Covered, Insurer Says

    An insurer told a Florida federal court Tuesday it doesn't owe coverage to a trucking company for an underlying lawsuit seeking over $3.3 million for a shipment of Nokia cellphones stolen during transport, arguing that the phones weren't in the company's custody at the time of the loss.

  • February 13, 2024

    Progressive Unit Sued Over Policy Nixed Before House Fire

    A Washington married couple sued a Progressive unit over up to $750,000 in coverage for losses stemming from a house fire, claiming the insurer unfairly canceled their policy before the blaze without properly notifying them in accordance with state law.

  • February 13, 2024

    Insurer Says Fire Co. Owes $3.7M For Hotel Water Damage

    A fire protection and security services company must pay more than $3.7 million for water damage at an Ohio hotel, a Liberty Mutual unit told an Ohio federal court, arguing that the damage was caused by the company's negligence in maintaining a fire sprinkler system.

Expert Analysis

  • COVID Coverage Cases Conflict With Insurer Documentation

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    A look at three court cases highlights a gap between successful insurer arguments made in litigation about policy text and the insurance industry's own understanding of the potential for property damage and business interruption coverage of virus- and disease-related claims, say professors at UConn, the University of Nevada and Queen's University.

  • Pandemic Losses Do Not Trigger Biz Interruption Coverage

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    Although Law360 has reported that there may be hope for policyholders seeking property insurance coverage for pandemic-related losses, basic contract principles and overwhelming case law show the opposite, say attorneys at Dentons.

  • 2 Calif. Insurance Decisions Question Boundaries Of Fortuity

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    Last month, California state and federal courts revisited fortuity issues in two decisions that show how the occurrence requirement and the California Insurance Code's prohibition on coverage for an insured's willful acts can be exceedingly difficult to apply to lawsuits alleging novel legal theories, say Jodi Green and Sophia von Bergen at Miller Nash.

  • Insurer Best Practices For NY Climate Risk Compliance

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    Insurers should view the New York Department of Financial Services' guidance on managing financial risks from climate change as a bellwether for state and federal regulation and should use the time before this summer's compliance deadline to prepare and implement an appropriate response strategy, say Jim Wrynn and Robert Stephens at FTI Consulting.

  • Assessing NFT Insurance Coverage Options And Gaps

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    Because non-fungible tokens do not come bundled with insurance policies, and until NFT-specific insurance policies become more common, NFT owners should proactively protect against risk by drawing upon existing frameworks, despite potential coverage gaps, say Brian Scarbrough and Edward Crouse at Jenner & Block.

  • Crypto And NFTs Could Change The Future Of Real Estate

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    As they grow increasingly popular, cryptocurrencies and nonfungible tokens may shape how real estate transactions are conducted and open the market to many new investors, but these changes are not without risk, says Hugo Alvarez at Cole Scott.

  • The Misinterpretation Of Pa.'s Bad Faith Claims Handling Rule

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    Courts applying Pennsylvania law in insurance coverage disputes, such as the recently decided Walker v. Foremost Insurance, and finding that where an insurer establishes that the subject claim is not covered by the insurer’s policy there can also be no bad faith claim by the insured, are inaccurately interpreting state law, say George Stewart and Max Louik at Reed Smith.

  • How Sonic Boom Risk Informs 'Physical Loss' For COVID Era

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    Applied to today's COVID-19 business interruption insurance battles, insurers' historical treatment of damage associated with sonic booms — or explosive sounds stemming from supersonic airplane speeds — may call into question the many court rulings barring coverage for pandemic-related losses on narrow physical loss grounds, say Peter Kochenburger at the University of Connecticut and Jeffrey Stempel at University of Nevada, Las Vegas.

  • Justices Must Apply Law Evenly In Shadow Docket Rulings

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    In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

  • Ill. COVID Rulings Correctly Adopt Physical Loss Standard

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    In two recent decisions, Sweet Berry Cafe v. Society Insurance and Lee v. State Farm, Illinois appellate courts properly followed the Illinois Supreme Court's standard for physical loss when deciding COVID-19 business interruption cases, says Melinda Kollross at Clausen Miller.

  • A Guide To Extrinsic Evidence In Determining Duty To Defend

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    As the eight-corners rule for the duty to defend is increasingly riddled with exceptions to its strict formulation of confining the analysis to only the language of the insurance policy and the underlying complaint, Richard Mason at MasonADR discusses the newest notable decisions and offers strategies for attorneys litigating the duty to defend.

  • Political Risk Insurance May Help Cos. Hurt By Russian War

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    As Russia’s war on Ukraine causes severe economic fallout, it’s crucial that U.S. companies with operations in the region understand what losses might be covered by their political risk insurance policies, and take steps to ensure that all available coverage is preserved and maximized, says Micah Skidmore at Haynes and Boone.

  • Conn. Ruling Widens Scope Of Property Insurance Appraisals

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    After the Connecticut Supreme Court’s recent decision in Klass v. Liberty Mutual, holding that appraisers can apply the state’s matching statute when determining the amount of loss, insurers may not avoid appraisal on the sole basis that there is a coverage dispute, and policyholders will likely attempt to further expand the scope of appraisers' authority, says Peter Kelly Golfman at Zelle.

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