Property

  • February 28, 2024

    BASF Says Insurers Owe Coverage For PFAS Suits

    Major chemical manufacturer BASF Corp. told a South Carolina court Wednesday that 23 insurers should cover thousands of lawsuits that alleged a chemical the company produced for firefighting foam caused pollution and injuries.

  • February 27, 2024

    La. Comfort Inn Owner Ordered To Arbitrate $2.6M Storm Suit

    A Louisiana federal judge has ordered the owner of a Comfort Inn outside New Orleans to arbitrate a $2.6 million suit against its insurer over coverage for damage from Hurricane Ida, saying its insurance policy compels arbitration.

  • February 27, 2024

    Egg Co. Not Covered For Avian Flu Losses, Minn. Judge Says

    A Markel unit does not owe coverage to an egg supplier for losses it sustained due to an avian flu outbreak in 2022, a Minnesota federal judge ruled Tuesday, finding that a communicable disease exclusion in a site pollution and environmental policy precluded coverage.

  • February 26, 2024

    Atty's Letter Is Not A Claim For Damages, Del. Justices Rule

    An attorney's presuit letter claiming that Syngenta's herbicide Paraquat caused his clients' Parkinson's disease does not constitute a "claim for damages" under the company's insurance policies with a pair of Zurich units, the Delaware Supreme Court ruled Monday.

  • February 26, 2024

    Colo. Justices To Hear If Insurers Can Withhold Some Payouts

    The Colorado Supreme Court said Monday it will consider whether the state's insurance code allowed Geico, following unsuccessful settlement attempts, to refuse paying noneconomic damages to a policyholder for his underinsured motorist claim, given what Geico said is the "inherently subjective" nature of such damages.

  • February 26, 2024

    Mo. City Asks 8th Circ. To Revisit COVID-19 Coverage Ruling

    A Missouri city urged the full Eighth Circuit Monday to reconsider a panel decision that denied its request for coverage for sales tax revenue losses resulting from shutdowns related to COVID-19, saying the panel misinterpreted the policy's terms and skewed its review in favor of the insurer.

  • February 26, 2024

    Liberty Cuts Off Drivers' Rentals Too Soon, Suit Claims

    Liberty Mutual systematically and arbitrarily ends replacement transportation coverage after seven days for policyholders whose vehicles are totaled in collisions, in violation of its own policy language, a proposed class action alleges.

  • February 26, 2024

    Texas Justices Say $220M Cobalt Deal Is A Loss Under Policy

    A $220 million settlement that now-bankrupt Cobalt International Energy Inc. reached with a group of investors constitutes a loss under the energy company's insurance policies, but the agreement is not binding on Cobalt's insurers to establish coverage, the Texas Supreme Court ruled.

  • February 26, 2024

    State Farm Seeks Exit From Aircraft Designer's Explosion Row

    An aircraft design company is not owed coverage for five underlying lawsuits surrounding an explosion at an aeronautical test site that killed one employee, State Farm has told a California federal court, arguing that the underlying actions triggered multiple policy exclusions.

  • February 23, 2024

    La. Hotel Owner Must Arbitrate Hurricane Ida Damage Claims

    A Louisiana federal judge has ordered the owner of an extended-stay hotel near New Orleans to go to arbitration with a group of insurers over coverage for damage caused by Hurricane Ida, finding that the policy under dispute contains a valid arbitral clause.

  • February 23, 2024

    Insurance Litigation Week In Review

    From maritime contracts’ choice-of-law provisions to a question on how far an agency can steer companies from contracting with controversial groups, the past week saw two insurance-related cases before the U.S. Supreme Court, plus litigation over a mass shooting and a casino operator’s claims that its “unique” policy covers pandemic losses. Here, Law360 recaps the week's top insurance news. 

  • February 23, 2024

    The New BIPA? Attys Warn GIPA Is A 'Live Grenade'

    After notable appellate victories in biometric privacy cases, Illinois plaintiffs have seized upon a previously little-used law protecting workers' genetic privacy, leaving defense attorneys wondering if history will repeat itself and open companies to potentially explosive liability. 

  • February 23, 2024

    Travelers Can't Duck Payout In Warehouse Fire Reversal

    A New York federal court has rejected Travelers' bid for additional discovery in a coverage dispute involving a textile importer whose goods were destroyed in a warehouse fire, after the Second Circuit vacated the insurer's early win in December and remanded for a judgment in the importer's favor.

  • February 26, 2024

    New York Pandemic Coverage Ruling Offers Few Surprises

    Businesses seeking insurance coverage for their pandemic losses were dealt yet another loss recently by New York's top court, a ruling that didn't surprise attorneys watching to see whether the Empire State might buck the trend of carrier victories.

  • February 23, 2024

    Insurance M&A Partner From Sidley Joins Kirkland

    Kirkland & Ellis LLP has added a corporate partner in its insurance transactions and regulatory and financial institutions practice groups, bringing on a former Sidley Austin LLP attorney who said he "couldn't be more excited" to join the firm's Chicago office.

  • February 23, 2024

    Judge Reverses Self, Says Hurricane Ad Suit Should Continue

    Reversing her earlier decision, a federal magistrate judge has issued a preliminary ruling in favor of a woman who alleges that troubled Houston law firm McClenny Moseley & Associates PLLC and associated companies bombarded Louisiana hurricane victims with illegal marketing.

  • February 23, 2024

    Trade Group Tells NC Justices COVID-19 Losses Not Covered

    A dozen North Carolina eateries are not owed coverage for pandemic-related losses, the American Property Casualty Insurance Association told the state's highest court, saying the policies at issue were never intended to cover economic damages "untethered" to physical loss or damage.

  • February 26, 2024

    Justices' Maritime Insurance Ruling Retains Tilted Status Quo

    When the U.S. Supreme Court ruled last week that an insurer can enforce choice-of-law provisions in a marine insurance policy it issued to the owner of a yacht that ran aground, it upheld existing practices that give insurers the upper hand over policyholders.

  • 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.

Expert Analysis

  • Check This List Twice: 4 Steps To Abate Coverage Concerns

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    This holiday season give your company the gift of following easy administrative steps to avoid the far-too-common clerical errors that could lead to forfeited insurance coverage, say Vivek Chopra and Mattison Kim at Perkins Coie.

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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

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