Property

  • July 11, 2024

    Allstate Must Face Deflated Payments Suit, Judge Rules

    Allstate cannot escape a proposed class action accusing the insurer of wrongfully depreciating labor costs as part of actual cash value payments to insureds for property damage, an Arizona federal judge ruled, finding that the named plaintiff didn't lack standing and that her claims weren't time-barred.

  • July 11, 2024

    NY Tells Insurers To Test AI For Discrimination Before Use

    New York has set a high bar for insurers' artificial intelligence systems, recommending Thursday that they avoid the technology for underwriting or pricing unless they determine the systems and their underlying data are compliant with consumer protection laws.

  • July 11, 2024

    9th Circ. Won't Cancel Chubb's 'Morning Show' COVID-19 Win

    The Ninth Circuit affirmed a lower court's ruling Thursday that a Chubb unit does not owe the production company behind "The Morning Show" $44 million in pandemic-related losses, ruling that the policy's provision for "imminent direct physical loss or damage" did not apply to the "potential presence" of coronavirus in the facility.

  • July 11, 2024

    9th Circ. To Weigh When Inter-Insurer Subrogation Is Allowed

    The Ninth Circuit next Thursday will hear oral arguments on whether an excess insurer can recoup from a primary insurer its $4 million share of a $5 million wrongful death settlement, even though the total settlement sum did not exceed the insurers' combined policy limits.

  • July 11, 2024

    Syracuse Diocese To Notice Creditors On Ch. 11 Releases

    Lawyers for the Diocese of Syracuse said they've come up with a process to collect creditor consent for third party releases in an already voted on reorganization plan, telling a New York bankruptcy judge Thursday the approach will hopefully head off confirmation issues after the U.S. Supreme Court struck down nonconsensual third party releases in Chapter 11 plans.

  • July 11, 2024

    Insurance Litigation Week In Review

    Foreclosure prevented a man's house fire windfall, a former Georgia insurance commissioner sought a lesser sentence for his kickback scheme, Kiwanis leaders and sex abuse survivors demanded coverage, and a federal judge extended a penile enlargement injury coverage suit.

  • July 11, 2024

    Climate Suit Report Highlights Carrier Greenwashing Risk

    A recent report highlighting global trends in climate change litigation points to a potentially significant source of exposure for insurers in the form of what are known as greenwashing suits against their insureds, and more direct risks against carriers themselves, experts say.

  • July 11, 2024

    Insurer Can Tap Trust Fund For Old Claims, Mass. Court Says

    A Massachusetts intermediate appellate court concluded Thursday that workers' compensation insurers who are no longer selling policies in the state but still paying benefits on older claims are entitled to seek partial reimbursement from an employer-funded state trust fund, reversing its own prior holding on the question.

  • July 11, 2024

    Connell Foley Attys Part Of NJ Insurance Trio At Kennedys

    Global law firm Kennedys CMK has brought on two former Connell Foley LLP attorneys and a former senior litigation counsel for an insurer to bolster its insurance coverage team in New Jersey, the firm announced Thursday.

  • July 11, 2024

    Mich. Asks Appeals Court To Rethink Nationwide's Tax Win

    Michigan insurance companies that are part of Nationwide are required to file taxes as individual entities and not as a unitary group, Michigan's tax department said, asking the state Court of Appeals to reconsider its opinion in the case.

  • July 10, 2024

    7th Circ. Says Foreclosure Limits Man's Fire Coverage Claim

    A homeowner did not have an insurable interest in the full value of a home that burned down while in foreclosure, the Seventh Circuit ruled, affirming that recovery was limited to the value of his temporary right to possess the property until 30 days after its judicial sale was confirmed.

  • July 10, 2024

    Insurer, Property Cos. Settle Lead Poisoning Coverage Suit

    An insurer for a Detroit property owner and manager told a Michigan federal court they have settled their coverage dispute over a woman's claims that her 2-year-old girl suffered lead poisoning at the property, which she said was left in a state of disrepair.

  • July 10, 2024

    Wash. Condo Assoc. Wants Allstate To Cover $9.7M In Repairs

    A Washington condominium association is suing Allstate Insurance Co. in federal court, saying it broke their coverage agreement by refusing to cover $9.7 million in repairs for "hidden damage" to the buildings' exteriors.

  • July 09, 2024

    Insurer Seeks $1.7M For Damaged Concert Gear

    An insurer is seeking to recoup over $1.7 million in damages it incurred after concert gear was damaged en route to New York from Belgium, telling a New York federal court Tuesday that a shipping company owed a duty to the cargo's owner to deliver its products safely.

  • July 05, 2024

    Insurers Allegedly Evaded Kiwanis Foster Home Abuse Claims

    Insurers owned by Travelers, AIG and other big-name insurance groups have been accused of dodging their duty to pay a multimillion-dollar judgment resolving child sex abuse survivors' claims against a foster boys home that was run by Kiwanis International, according to a new lawsuit in Washington federal court.

  • July 05, 2024

    11th Circ. Won't Touch $9.7M College Hurricane Coverage Win

    The Eleventh Circuit ruled Friday that a district court unlawfully certified a partial judgment in favor of The Baptist College of Florida for review in a $13 million insurance coverage dispute for hurricane damage costs.

  • July 05, 2024

    How Reshaped Circuit Courts Are Faring At The High Court

    Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.

  • July 05, 2024

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.

  • July 05, 2024

    High Court Flexes Muscle To Limit Administrative State

    The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.

  • July 05, 2024

    The Sharpest Dissents From The Supreme Court Term

    The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.

  • July 05, 2024

    5 Moments That Shaped The Supreme Court's Jan. 6 Decision

    When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.

  • July 05, 2024

    The Funniest Moments Of The Supreme Court's Term

    In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.

  • July 05, 2024

    Real Estate Co. Hits Security Deposit Insurer With $5M Suit

    A Texas property management company is suing its insurer for allegedly withholding claim payments partly meant to cover unpaid rent, saying the carrier improperly conditioned the payments on the property manager starting eviction proceedings.

  • July 05, 2024

    Judge Rips High-Rise's 'Remarkable' $8.5M Coverage Pursuit

    An Illinois federal judge smacked down an $8.5 million coverage bid from the former owners of Chicago's historic Pittsfield building after finding they "boldly and repeatedly" misrepresented the extent of repair costs, instead ordering them to repay Travelers.

  • July 05, 2024

    The Firms That Won Big At The Supreme Court

    This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.

Expert Analysis

  • 7th Circ Joins Trend Of No CGL Coverage For Structural Flaws

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    The Seventh Circuit, which recently held potential structural instability did not count as property damage under a construction company's commercial general liability policy, joins a growing consensus that faulty work does not implicate coverage without tangible and present damage to the project, say Sarah Abrams at Baleen Specialty, and Elan Kandel and James Talbert at Bailey Cavalieri.

  • New La. Managing Agent Law May Portend Growing Scrutiny

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    Recent amendments to Louisiana’s managing general agent regulations impose expansive new obligations on such agents and their insurer partners, which may be a sign of heightened regulatory, commercial and rating agency scrutiny, say attorneys at McDermott.

  • What Fla. Ruling Means For Insurer Managed Repair Programs

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    A recent Florida state court ruling in Fraga v. Citizens Property Insurance, holding that the insurer could not seek to add additional terms in its managed repair program consent form, should promote clear written contract terms that clarify the relationship between insurers, policyholders and contractors, says Chip Merlin at Merlin Law Group.

  • NY Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter of 2024 saw less enforcement activity in the realm of New York financial services, but brought substantial regulatory and legislative developments, including state regulators' guidance on cybersecurity compliance and customer service processes for virtual currency entities, say James Vivenzio and Andrew Lucas at Perkins Coie.

  • Takeaways From Justices' Redemption Insurance Decision

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    The U.S. Supreme Court’s recent decision in Connelly v. U.S. examines how to determine the fair market value of shares in a closely held company for estate tax purposes, and clarifies how life insurance held by the company to enable redemption of a decedent’s shares affects that calculation, says Evelyn Haralampu at Burns & Levinson.

  • Managing Legal Risks After University Gaza Protests

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    Following the protests sparked by the war in Gaza, colleges and universities should expect a long investigative tail and take steps to mitigate risks associated with compliance issues under various legal frameworks and institutional policies, say Wiley's Diana Shaw and Colin Cloherty.

  • An Insurance Coverage Checklist For PFAS Defendants

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    With PFAS liability exposures attracting increased media attention, now is a good time for companies that could be exposed to liability related to per- and polyfluoroalkyl substances to review existing and past insurance policies, and consider taking proactive steps to maximize their likelihood of coverage, say attorneys at Nossaman.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Tips For Advising CRE Owners Affected By Houston Storms

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    As Houston residents begin the arduous process of recovery after this month's devastating storms, attorneys should guide commercial real estate owners and managers toward immediate action under their insurance coverage to facilitate restoration and a return to normalcy, says Justin Ratley at Munsch Hardt.

  • Key Insurance Considerations After $725M Benzene Verdict

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    The recent massive benzene verdict in Gill v. Exxon Mobil will certainly trigger insurance questions — and likely a new wave of benzene suits — so potential defendants should study Radiator Specialty v. Arrowood Indemnity, the only state high court decision regarding benzene claim coverage, says Jonathan Hardin at Perkins Coie.

  • 3rd Circ.'s Geico Ruling May Encourage Healthcare Arbitration

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    The Third Circuit's recent decision in Geico v. Mount Prospect, finding that claims under New Jersey's Insurance Fraud Prevention Act can be arbitrated, strengthens arbitration as a viable alternative to litigation, even though it is not necessarily always a more favorable forum, say Khaled Klele and Jessica Osterlof at McCarter & English.

  • Key Lessons From Recent Insurance Policy Reform Litigation

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    A review of recent case law reveals the wide range of misunderstandings that may arise between insurers and policyholders in the purchase and renewal of insurance policies, as well as the utility — and the limits — of reformation and related remedies for these misunderstandings, say Jad Khazem and Seth Tucker at Covington.