Property

  • June 11, 2024

    Precedent Favors Nationwide In Mich. Tax Fight, Judge Says

    A Michigan Court of Appeals judge said Tuesday that the state's tax agency was asking the court to turn its back on recent precedent to hold that Nationwide entities couldn't file as a unitary business to share insurance tax credits across their group members.

  • June 11, 2024

    Restaurant Owner Seeks $414K For Deductible Overpayment

    The owner of two Florida restaurants is seeking reimbursement of over $400,000, telling a federal district court Tuesday that it overpaid a claim deductible for damage stemming from Hurricane Ian after its insurer misapplied the appropriate endorsement.

  • June 11, 2024

    Brach Eichler Adds Insurance Pro From Garces Grabler In NJ

    Brach Eichler has continued a recent boom in its litigation team with the hire of a no-fault insurance expert from personal injury giant Garces Grabler & LeBrocq PC in New Jersey who also brings expertise as a former in-house attorney for GEICO.

  • June 10, 2024

    Judge Sides With Tenants In Legionnaires' Coverage Dispute

    A Kentucky federal court declined to exercise jurisdiction in an insurer's attempt to secure a ruling that coverage isn't available to its landlord-insureds in a $4.5 million underlying state court action in which a tenant alleged that the landlords' negligence caused her to contract Legionnaires' disease.

  • June 10, 2024

    High Court On Ch. 11, New Bank Rules, Alex Jones Ch. 7 Shift

    The U.S. Supreme Court said an insurance company has "party in interest" standing to intervene in a Chapter 11 case, the U.S. Department of Justice's bankruptcy watchdog "modernized" its agreement for banks holding debtor funds, and recent motions could pivot Alex Jones and his media company's Chapter 11s to Chapter 7 liquidations.

  • June 10, 2024

    AM Best Boosts Reinsurance Market Outlook To 'Positive'

    AM Best revised its outlook on the global reinsurance market Monday from "stable" to "positive," pointing to "robust" profit margins and a well-capitalized market amid a backdrop of higher interest rates, which AM Best said are not expected to decrease anytime soon.

  • June 10, 2024

    Insurer Off Hook For HOA's $7.6M Roof Damage Replacement

    An insurer didn't act in bad faith or partake in deceptive trade practices when investigating and issuing payment for storm damage that a homeowners association suffered, a federal judge ruled, finding the insurer never accepted the HOA's nearly $8 million estimate as valid and did not agree to pay that amount.

  • June 10, 2024

    Pa. Bridge Collapse Victim Can Only Get $5K, Court Told  

    Pittsburgh Regional Transit wants to trim claims brought by a passenger aboard a bus that was on the Fern Hollow Bridge when it collapsed in 2022, telling a Pennsylvania court that as a self-insured state agency, the most it would owe her is $5,000 for medical expenses.

  • June 07, 2024

    Texas Top Court Denies Roofer's Challenge To Adjuster Laws

    The Supreme Court of Texas tossed on Friday a roofing company's challenge to the state's public adjuster licensing laws, saying that requiring a license or preventing certain conduct didn't violate the roofer's free speech rights.

  • June 07, 2024

    Zurich, Loan Co. Settle $15M Ex-3M Campus Repairs Suit

    The lender and current title owner for a now-foreclosed Austin property that was once the campus of 3M reached a settlement in principle with a Zurich unit over coverage for their $15.5 million winter storm damage claim, the parties told a Texas federal court.

  • June 06, 2024

    Texas AG Takes Aim At Carmakers Selling Drivers' Data

    Texas' attorney general has become the latest to turn up the data-privacy heat on connected car manufacturers, revealing Thursday that his office has begun an investigation into how these companies amass and sell drivers' data to third parties, including insurance providers.

  • June 06, 2024

    La. Commercial Property Co. Settles Storm Insurance Dispute

    A Louisiana federal judge has dismissed a commercial property owner's coverage fight over windstorm damage after the company settled in arbitration with a group of 10 insurers.

  • June 06, 2024

    Justices' Standing Ruling May Embolden Carriers In Ch. 11

    The U.S. Supreme Court said Thursday that an insurer with a responsibility for its policyholder's Chapter 11 bankruptcy claims can intervene in those bankruptcy proceedings, potentially giving insurers greater leverage in reorganization negotiations and likely causing an influx of insurer objections in bankruptcy court, experts tell Law360.

  • June 06, 2024

    State Farm Escapes Policyholder's Life Insurance GIPA Suit

    An Illinois state court has permanently tossed a State Farm policyholder's privacy claims targeting family medical history questions the insurer asked as part of its life insurance underwriting process, agreeing with its argument that the state's Genetic Information Privacy Act doesn't apply to life insurance.

  • June 06, 2024

    8th Circ. To Mull If Geico Auto Policy Covers HPV Claim

    The Eighth Circuit will hear oral arguments Wednesday over whether Geico should cover $5.2 million awarded to a woman claiming she contracted HPV during sexual encounters in a policyholder's car, with the case turning on whether her bodily injury claim must arise from the normal use of an automobile.

  • June 06, 2024

    Liquor Liability Costs Shake And Stir SC's Hospitality Industry

    As the South Carolina General Assembly returned to session Wednesday, grassroots organizations advocating for small businesses gathered at the State House for a press conference urging elected officials to reform legislation burdening restaurants, bars and music venues with increasingly high costs of liability insurance.

  • June 06, 2024

    Insurance Broker Expert Says AI 'Top Risk' For Policyholders

    Companies are increasingly integrating artificial intelligence technologies into their work, raising concerns in the insurance sector about the potential for growing risks and what coverage options are available for that exposure.

  • June 06, 2024

    Insurance Litigation Week In Review

    The U.S. Supreme Court allowed an insurer to intervene in policyholder bankruptcy proceedings, Liberty Mutual requested that a policyholder-judge be removed from a construction accident coverage dispute, and a Markel unit is attempting to skirt a $77.7 million auto accident judgment. Here, Law360 takes a look at the past week's top insurance news.

  • June 06, 2024

    Justices Affirm Taxing Of Estate On Insurance Payout

    The U.S. Supreme Court affirmed on Thursday a decision denying a tax refund to the estate of an owner of a building materials company that used a payout from his $3.5 million life insurance policy to purchase his shares in the business.

  • June 05, 2024

    Aluminum Co. Seeks Reversal Of $10M Coverage Cap

    An aluminum supplier is urging the Fourth Circuit to reverse a lower court's ruling capping its damages at $10 million because of a molten material endorsement, arguing that the fire and water damage it sustained is separate and not subject to any sublimit or exclusion.

  • 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. 

Expert Analysis

  • 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.

  • Insurance Types That May Help Cos. After Key Bridge Collapse

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    Following the collapse of the Francis Scott Key Bridge, businesses that depend on the bridge, the Port of Baltimore and related infrastructure for shipment and distribution of cargo should understand which common types of first-party insurance coverage may provide recoveries for financial losses, say Bert Wells and Richard Lewis at Reed Smith.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Leveraging Insurance Amid Microplastics Concerns

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    A pending microplastics lawsuit — New York v. PepsiCo Inc. — may be a harbinger of what is to come for companies whose products are exposed to the environment, so any company considering how to address microplastics liability should include a careful assessment of the potential for insurance coverage in its due diligence, say attorneys at Haynes Boone.

  • An American Policyholder's Guide To UK Insurance Arbitration

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    No matter how experienced U.S. policyholders are in stateside disputes, the procedural quirks of U.K. insurance arbitration mean Americans should learn a few key differences between U.S. litigation and London arbitration before heading across the pond, says Robert Jacobs at Blank Rome.

  • 5 Climate Change Regulatory Issues Insurers Should Follow

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    The climate change landscape for insurers has changed dramatically recently — and not just because of the controversy over the U.S. Securities and Exchange Commission's climate-related risk disclosure rules, says Thomas Dawson at McDermott.