Property

  • February 09, 2024

    Bad Faith Claim Rejected Again In Hurricane Ida Coverage Suit

    A Louisiana federal judge again refused to find that the insurer of a suburban New Orleans commercial property acted in bad faith in denying to cover $220,000 in damage Hurricane Ida allegedly caused in 2021.

  • February 09, 2024

    Court Says 'Catastrophe' Applies In COVID Reinsurance Cases

    A London court has allowed insurers to make claims under reinsurance contracts for business interruption losses claimed during the COVID-19 pandemic, saying that the outbreak of an infectious disease constitutes a "catastrophe" under the policy wording.

  • February 08, 2024

    Texas Adjuster No Longer To Pretend To Be Lloyd's Of London

    An insurance adjuster who hijacked the good name of British underwriting giant Lloyd's of London after blaming it for lost compensation agreed in Texas federal court to shut down businesses he opened in its name.

  • February 08, 2024

    8th Circ. Won't Revive Renter's Fire Loss Coverage Fight

    The Eighth Circuit refused Thursday to revive an Arkansas renter's fire coverage suit against her insurer, finding a district court was correct to permanently dismiss the case over what it said were willful failures to follow its orders and properly participate in discovery.

  • February 08, 2024

    Insurance Orgs. Say Bill Would Prevent CFPB Overreach

    Bipartisan legislation seeking to clarify the powers of the Consumer Financial Protection Bureau has drawn support from insurance regulators and industry trade groups who say the bureau has encroached upon state-based insurance regulation despite clear statutory limitations.

  • February 08, 2024

    Esurance Pockets Totaled Vehicles' Sales Tax, Suit Says

    Auto insurer Esurance stole from customers by routinely failing to cover sales tax on totaled vehicles, a policyholder said in a proposed class action filed in New York federal court.

  • February 08, 2024

    Apt. Owners Can't Avoid Arbitrating Ida Damage, Insurers Say

    Seven New Orleans-area property owners must submit their Hurricane Ida damage claims to arbitration proceedings regardless of whether one of two foreign conventions applies to the case over the other, a group of 10 insurers told a Louisiana federal court.

  • February 07, 2024

    'Family' Exclusion Nixes Coverage For Menards, 8th Circ. Says

    An Iowa Menards home improvement retailer doesn't have coverage under the insurance of a customer who launched an injury suit against it, an Eighth Circuit panel ruled in a published opinion, finding intrafamily immunity applied, even if the shopper was unrelated to the employee who allegedly dropped lumber on her.

  • February 07, 2024

    No Defense Owed For $500K Defects Dispute, Insurer Says

    A GBLI Global Indemnity unit does not owe coverage to a general contractor and subcontractor in connection with a Clearwater, Florida-area couple's bid for more than $500,000 in damages for construction defects, the insurer has told a Florida federal court.

  • February 07, 2024

    La. Pizzeria, State Farm Settle Hurricane Damages Suit

    State Farm and a Louisiana pizzeria reached an agreement in their dispute over allegations that the insurer was artificially suppressing the cost of repairs and over-depreciating losses on claims connected to damage from Hurricanes Laura and Delta, the two parties told a Louisiana federal court.

  • February 07, 2024

    No Coverage For Apt. Complex In Negligence Row, Court Told

    The owner and managers of a Kansas City, Missouri-area apartment complex can't get coverage for a proposed class action brought by its tenants over claims of putrid living conditions, an insurer told a federal court, claiming several exclusions in its policies bar any recovery.

  • February 07, 2024

    Fla. Aircraft Co.'s Claims Narrowed In Hurricane Coverage Suit

    A Florida federal judge pumped the brakes on some of a Florida aircraft company's claims against its insurer related to its relocation in 2017 after Hurricane Irma, saying the company can't introduce previously concealed damages in the nearly $250,000 dispute. 

  • February 06, 2024

    Church Urges 5th Circ. To Affirm $2M Hurricane Coverage Win

    Church Mutual Insurance Co. may not like the $2 million judgment a Louisiana federal judge handed down over unpaid hurricane damages, but there's no ground to disturb the award, the First United Pentecostal Church in DeQuincy has told the Fifth Circuit.

  • February 06, 2024

    Investment Report Shows Cost Of Delaying Climate Action

    Insurers could face billions of dollars in losses if they continue with their current courses of investments that contribute to climate change, according to a new analysis by insurance regulators from California, Oregon and Washington.

  • February 06, 2024

    Appeals Court Upholds Insurers' COVID-19 Coverage Win

    A Texas state appeals court upheld on Tuesday a decision that a pollution and contamination exclusion prevents coverage for Baylor College of Medicine's COVID-19-related losses.

  • February 06, 2024

    Complex Not Covered For $4M Shooting Claim, Insurer Says

    A Nationwide unit told a Georgia federal court it doesn't owe coverage to an Atlanta apartment complex for a tenant's bid to hold it liable for injuries she suffered during a shooting, claiming the complex waited nearly a year to notify the insurer.

  • February 05, 2024

    Fla. Legislative Session: Property Insurance Bills Roundup

    Florida lawmakers have put forward dozens of proposals to address insurance challenges in the state, from a bill that would expand coverage from the state's last resort insurer to another that contemplates mangroves as bulwarks against flooding.

  • February 05, 2024

    Insurer Owes $1.3M In Defects Row Defense Costs, Co. Says

    A Hartford unit owes a Chicago-area homebuilder more than $1.3 million in unpaid defense costs related to an underlying construction defect suit, the company told an Illinois federal court, claiming the insurer has refused to explain its coverage decisions.

  • February 05, 2024

    BNSF Railway Blamed For Triggering 2023 Wash. Wildfire

    A tenant who lost his belongings in a blaze last summer that destroyed 10 homes and burned more than 500 acres in Washington state blamed BNSF Railway in state court for negligently running a "fire prone train" through a hot, dry, overgrown area, igniting the Tunnel 5 Fire.

  • February 05, 2024

    Insurer Owes $2.5M For Lost Income, Shop Owner Says

    A Hartford unit refused to pay out $2.5 million in business interruption coverage for a New York City doughnut shop's income that was lost while the city shut the store down during repairs, the shop told a New York federal court.

  • February 02, 2024

    Calif. Rate Approvals Centered In Coverage Crisis Debate

    A California law permitting public challenges to proposed premium increases is saving policyholders billions of dollars, a consumer advocacy group recently reported, a claim that has drawn scorn from industry professionals amid efforts to change the law to better favor carriers. 

  • February 02, 2024

    Owner Says Insurer Can't Dodge Tenn. Hooters Bombing Row

    The insurer of a Hooters restaurant that was decimated in a 2020 Christmas Day bombing appointed a crooked appraiser who tainted a damage award, the historic property's owner told a Tennessee Federal Court, adding that the biased determination was invalid under state law.

  • February 02, 2024

    Progressive Faces Trial In Car Undervaluation Class Action

    Progressive insurance units may have to face a jury trial on claims they systematically undervalued totaled cars after a Georgia federal judge rejected the company's bid to end the suit, ruling policyholders had enough evidence to argue they were shortchanged on claim payouts.

  • February 02, 2024

    Dozens Of Casinos Lose To Insurers In COVID-19 Suit

    A Pennsylvania state court judge handed a win to a large group of insurers in a dispute over COVID-19 pandemic losses suffered by dozens of casinos across 20 states, finding the businesses couldn't establish that the presence of the virus caused physical loss or damage.

  • February 02, 2024

    Clyde & Co. Hires Ex-Lewis Brisbois Team In Chicago

    Law firm Clyde & Co. LLP announced Thursday that it had hired nine Chicago-based insurance law and general liability attorneys from Lewis Brisbois Bisgaard & Smith LLP, including that firm's former managing partner in the city.

Expert Analysis

  • New 'Bad Faith' Claim Law Holds NJ Insurers Accountable

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    New Jersey’s recently enacted Insurance Fair Conduct Act, giving policyholders a bad faith cause of action for claims involving uninsured and underinsured motorist coverage, is an important step toward countering unfair insurer advantage and expanding consumer protections, say attorneys at K&L Gates.

  • Insurance Implications Of Texas '8 Corners' Rulings

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    Two recent Texas Supreme Court opinions resolve a long-pending question by reaffirming the so-called eight-corners rule as the primary means for determining an insurer's duty to defend, which should provide greater consistency between future state and federal decisions, says Susan Kidwell at Locke Lord.

  • Why I'll Miss Arguing Before Justice Breyer

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    Carter Phillips at Sidley shares some of his fondest memories of retiring Justice Stephen Breyer both inside and out of the courtroom, and explains why he thinks the justice’s multipronged questions during U.S. Supreme Court oral arguments were everything an advocate could ask for.

  • Defense Counsel Must Alter Tactics To Fight Outsize Verdicts

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    If defense counsel continue to use the same strategies they’ve always relied on without recognizing plaintiffs attorneys’ new playbook, so-called nuclear verdicts, such as the recent $730 million jury verdict in a wrongful death case in Texas, will continue to proliferate, says Robert Tyson at Tyson & Mendes.

  • BigLaw Must Nix All-Or-Nothing Work Model To Retain Talent

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    Record numbers of workers quitting in the “Great Resignation,” paired with the growing success of nontraditional and freelance legal services, show that BigLaw’s management committees must reconsider rigid billable hour expectations and be open to part-time and noncontinuous work arrangements, says Hui Chen at Hui Chen Ethics.

  • 11th Circ. Ruling Highlights Trend Of Stricter Insurer Valuation

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    The Eleventh Circuit's recent decision in favor of the insurer in Metal Products v. Ohio Security Insurance is a jarring reminder that both Florida insurance companies and courts are increasingly viewing policy valuation provisions with stricter scrutiny, say Gina Lozier and Christopher Choquette at Berger Singerman.

  • The Flaws In The Traditional Approach To Hiring A Law Firm

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    Trevor Faure at Smarter Law Solutions and Gregory Richter at Major Lindsey offer an inside look at Teva Pharmaceuticals' recent overhaul of its law firm relationships through anonymous grading, and discuss how the company’s surprising findings on the correlation between quality and cost reveal shortcomings in traditional business development.

  • Federal Courts Are Right Venue For COVID Insurance Cases

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    Two recent Law360 guest articles positing that state, not federal, courts should be deciding COVID-19 insurance coverage disputes incorrectly assume that these cases contain novel insurance law issues, say attorneys at Dentons.

  • Keys To Keeping Law Firm Talent Amid The Great Resignation

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    With employees leaving their jobs at an unprecedented pace during the "Great Resignation," law firm leaders looking to retain associates and professional staff need to operate with emotional intelligence, talk about failures openly and take the time to offer frequent feedback, says Dorianna Phillips at Lane Powell.

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Litigation Complicates Surprise Medical Bill Law Compliance

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    Health care providers working on compliance with a recently effective law intended to curb surprise medical bills should prioritize provisions of the statute that are not being challenged by a group of ongoing lawsuits, and prepare to take advantage of potential provider-friendly court rulings regarding components in question, say Brenna Jenny and Jaime Jones at Sidley.

  • How NJ Bad Faith Auto Insurance Bill Compares To Pa.'s

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    The recently enacted New Jersey Insurance Fair Conduct Act, is in some ways narrower and in other ways broader than Pennsylvania's notoriously strict bad faith statute and leaves open many fundamental questions, which took Pennsylvania decades of litigation to resolve, say Kristin Jones and Brian Callaway at Troutman Pepper.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

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