Property

  • May 21, 2024

    The Law360 400: Tracking The Largest US Law Firms

    The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.

  • May 20, 2024

    Travelers Owed Tech Co. Defense In TM Row, 8th Circ. Says

    Travelers had a duty to defend a computer retailer in an underlying trademark infringement action filed by Cisco Systems, the Eighth Circuit affirmed Monday, saying it cannot conclude that coverage is barred by the policy's related-acts provision.

  • May 20, 2024

    10th Circ. Oral Args. Poised To Shape NM Pollution Coverage

    The Tenth Circuit said there were "good arguments on both sides" of an appeal at oral arguments Monday over whether absolute pollution exclusions doomed a New Mexico property owner's quest for defense coverage of underlying contamination litigation, in a case that could set the tone for insurance battles in the state.

  • May 20, 2024

    8th Circ. Upholds Deere's Win In Insurer's Tractor Fire Suit

    Deere & Co. has no duty to reimburse Secura Insurance Co. for coverage payments after two of its insured's tractors caught fire in separate incidents, the Eighth Circuit ruled Monday, noting the distinction between a design and manufacturing defect.

  • May 20, 2024

    7-Eleven Says Insurer Must Cover Wrongful Death Suit

    The insurer of a Houston 7-Eleven lessee facing negligence claims after one person was fatally shot and another was injured on its property must also cover 7-Eleven corporate in the litigation, the convenience store giant said, though conceding the lessee store's policy didn't specifically include 7-Eleven as an additional insured.

  • May 20, 2024

    Upscale Mass. Restaurant's COVID Loss Claims Fail In Appeal

    Massachusetts restaurant chain Davio's is not entitled to coverage for what it says were property losses due to the COVID-19 pandemic, an intermediate state appellate court concluded on Monday, finding its arguments are no different from those rejected by the state's highest court two years ago in a similar case.

  • May 20, 2024

    Settlement Ends Insurer's Stormwater Coverage Suit

    An H.W. Kaufman Group insurer settled a lawsuit seeking a declaration that it owed no coverage to a home construction company or its owner in an underlying suit accusing the company of performing defective work that led to pooling stormwater, according to a notice filed in Georgia federal court.

  • May 16, 2024

    Convicted Insurance Mogul Says He'll Trim Empire

    Convicted insurance mogul Greg Lindberg told the North Carolina Supreme Court he's relinquishing control of portions of his enterprise to fulfill a deal to restructure them with independent oversight, according to court filings.

  • May 16, 2024

    Justices Dodge Class Action Queries In $3.5B Insurance Row

    The U.S. Supreme Court left open the question of when class actions should be relegated to state courts by declining a mutual insurance company's appeal of claims that it failed to return $3.5 billion in profits back to policyholders.

  • May 16, 2024

    3 Big Bankruptcy Cases Still Pending At The Supreme Court

    The U.S. Supreme Court may have declined to hear a challenge to non-debtor litigation stays in mass tort bankruptcies this week in the Chapter 11 case of Georgia-Pacific's asbestos spinoff, but it is still slated to hand down decisions with the potential for wide-reaching impacts to mass torts and beyond this term.

  • May 16, 2024

    R&W Insurers' Claims Handling A 'Big Differentiator,' Aon Says

    As competition in the market for representations and warranties insurance heats up, carriers' claims processes are becoming "one of the biggest differentiators" for securing repeat business, Aon said in its latest R&W claims report Thursday, finding that claim frequency has hovered near the 18% mark for so-called off-risk policies. 

  • May 16, 2024

    Oversight Hearing Adds Pressure On Calif. Insurance Chief

    Under growing pressure from Gov. Gavin Newsom and the insurance industry, California’s top insurance regulator defended its process of implementing proposals to stabilize the Golden State’s faltering homeowners insurance market.

  • May 16, 2024

    Insurance Litigation Week In Review

    An Arizona judge issued an apparently novel ruling over a foreign discovery statute's applicability to a Canadian arbitration, the U.S. Supreme Court declined to take up a $3.5 billion underwriting surplus class action and policyholders accused UnitedHealth of covering up a U.S. Department of Justice antitrust investigation.

  • May 16, 2024

    Apt. Complex Must Face Insurer's Mold Death Coverage Suit

    A Georgia federal judge has refused to toss an insurer's suit seeking to evade coverage of an apartment complex accused of failing to stop a mold infestation that killed a tenant, finding the insurer has plausibly alleged it does not have a duty to defend under the prevailing insurance policy.

  • May 15, 2024

    Insurer Secures Early Win In $5M Warehouse Damage Row

    An insurer doesn't have to cover over $5 million in damage a property owner said it sustained after a warehouse break-in, a Pennsylvania federal judge ruled, finding that a vacancy provision in a commercial insurance policy wasn't ambiguous and the insurer didn't act in bad faith.

  • May 13, 2024

    Assault Exclusion Dooms Restaurant's Coverage For Murder

    An insurer doesn't have to indemnify a Detroit restaurant accused of contributing to the 2019 shooting death of a potential patron by failing to provide adequate security, the Sixth Circuit said.

  • May 13, 2024

    Insurer's Countersuit Pared In $1.85M Boat Fire Coverage Row

    A Florida federal judge has allowed part of an insurer's countersuit to continue in a yacht owner's dispute over coverage for a 2023 boat fire after the insurer denied the company for allegedly misrepresenting boat prices.

  • May 13, 2024

    Justices Decline To Hear $3.5B Insurance Surplus Case

    A proposed class action accusing an insurer of failing to return an over $3.5 billion surplus of underwriting profits back to policyholder members will be litigated in Illinois state court, the U.S. Supreme Court ruled Monday, denying the company's bid for certiorari.

  • May 10, 2024

    Medical Device Co., Insurers Settle Equipment Damage Loss

    A medical device manufacturer and its insurers have settled their coverage dispute over the manufacturer's claim it suffered an "equipment breakdown loss" damaging its mills, lathes and vacuum pump, the insurers told a Florida federal court.

  • May 09, 2024

    10th Circ. Appeal May Expand Pollution Coverage In NM

    The Tenth Circuit will hear oral arguments May 20 to determine whether absolute pollution exclusions doom a New Mexico property owner's quest for $120,000 in defense coverage in a case attorneys say could determine the future of such environmental coverage in the state.

  • May 09, 2024

    REIT Says Insurers Must Cover Antitrust Conspiracy Claims

    A real estate investment trust accused its insurers of wrongfully denying coverage for an underlying multidistrict litigation alleging that the company was part of an antitrust conspiracy to inflate rents for multifamily housing, telling a Colorado federal court that the MDL falls plainly within multiple coverage parts of its policies.

  • May 09, 2024

    Md. Insurance Chief On Keeping Up With AI Regulation

    The insurance industry is exploring artificial intelligence technology use in its business as regulators like Maryland Insurance Commissioner Kathleen Birrane work to keep up and protect consumers from the risks of the evolving technology. Here, Law360 checks in with Birrane on the subject.

  • May 09, 2024

    DEA Cannabis Proposal Likely To Keep Insurers Sidelined

    Federal drug enforcers' recent proposal to remove cannabis' designation as a high-risk drug with no accepted medical use could portend insurance benefits, but experts say uncertainties over the drug's mixed legal status will keep insurers sidelined for now.

  • May 09, 2024

    Insurance Litigation Week In Review

    Michigan's top court mulled the effect of new liability coverage mandates on older auto policies, a group of insurers escaped arbitration in an airport terminal defect dispute, and South Carolina drivers were granted class certification in a suit over Progressive's total loss vehicle valuation methods.

  • May 09, 2024

    A Mother's Fight To Secure Insurance Benefits For Autism

    After Lorri Unumb's son was diagnosed with autism, she spent over a decade drafting and securing legislative mandates for autism insurance benefits across the country. With Mother's Day on May 12, Law360 spoke with Unumb about how for her, motherhood included a calling to advocate for autism therapy coverage.

Expert Analysis

  • 3 Significant Ohio Insurance Updates From 2023

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    The past year saw some significant changes and developments in Ohio's insurance coverage landscape, from new bad faith discovery mechanisms relating to out-of-state property to the Ohio Supreme Court's interpretation of what constitutes an assault or battery for coverage purposes, say Jenna Pletcher and William Peseski at Brouse McDowell. 

  • Policyholders Must Object To Insurer Reorganizations

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    When insurance companies reorganize, policies often take years to ultimately pay out a fraction of what is owed, so policyholders should organize and urge insurance commissioners to take action when retroactive reinsurance deals are announced, says Jonathan Terrell at KCIC.

  • SEC, NY Cybersecurity Rules Create Complexity For Insurers

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    Two separate cybersecurity rules recently adopted by the New York Department of Financial Services and the U.S. Securities and Exchange Commission pose distinct challenges for insurance industry participants, with important interactions, and potential tensions, for those required to comply with both frameworks, say attorneys at Debevoise.

  • 5 Trends To Watch In Property And Casualty Class Actions

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    In 2023, class action decisions have altered the landscape for five major types of claims affecting property and casualty insurers — total loss vehicle valuation, labor depreciation, other structural loss estimating theories, total loss vehicle tax and regulatory fees, and New Mexico's uninsured and underinsured motorist coverage sale requirements, say Mark Johnson and Mathew Drocton at BakerHostetler.

  • Insurance Considerations For Cos. Assessing New AI Risks

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    Because no two businesses will have the same artificial intelligence risk profile, they should consider four broad risk categories as a baseline for taking a proactive approach to guarding against AI-related exposures, say attorneys at Hunton.

  • AI Brings New Insurance Concerns For Healthcare Providers

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    As the healthcare industry increasingly invests in medical artificial intelligence tools, it confronts a variety of liability risks that necessitate careful consideration and potential recalibration of providers' insurance programs, say Marialuisa Gallozzi and Megan Mumford Myers at Covington.

  • Superfund Site Reopenings Carry Insured Risk, Opportunity

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    The U.S. Environmental Protection Agency's reported plans to reopen certain Superfund sites citing the presence of per- and poly-fluoroalkyl substances raise notable liability concerns, but may also present unique opportunities for policyholders under the Comprehensive Environmental Response, Compensation, and Liability Act, say attorneys at Haynes and Boone.

  • 3 AI Regulation Developments Insurers Must Follow

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    Insurance regulators continue to actively develop regulations and guidance on the use of artificial intelligence, so insurers should be aware of recent developments from the Colorado Division of Insurance, the National Association of Insurance Commissioners and the New York Department of Financial Services, say attorneys at Willkie.

  • DC Ruling Provides Support For Builders Risk Claim Recovery

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    To deny coverage for builders risk claims, insurers have been increasingly relying on two arguments, both of which have been invalidated in the recent U.S. District Court for the District of Columbia decision, South Capitol Bridgebuilders v. Lexington, say Greg Podolak and Cheryl Kozdrey at Saxe Doernberger.

  • Deal Over Jets Stranded In Russia May Serve As Blueprint

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    In the face of a pending "mega-trial" over leased airplanes held in Russia after its invasion of Ukraine, a settlement between leading aviation lessor AerCap Holdings NV and NSK, the Russian state-controlled insurance company, could pave the way for similar deals, say Samantha Zaozirny and Timeyin Pinnick at Browne Jacobson.

  • Illinois Trump Tower Ruling Illuminates Insurance 'Occurrence'

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    In Continental Casualty v. 401 North Wabash Venture, an Illinois appellate court found that Trump Tower was not entitled to insurance coverage for operating its HVAC system without a permit, helping to further define a widely litigated general liability insurance issue — what constitutes an "occurrence," say Robert Tugander and Greg Mann at Rivkin Radler.

  • How Shareholder Activists Are Targeting Insurers

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    As shareholder activists take a closer look at the insurance industry, they are pushing insurers to take value-enhancing and climate-related measures — but insurers can prepare by anticipating activist concerns, maintaining robust shareholder engagement, and considering changes in response to the universal proxy rules, say attorneys at Debevoise.

  • Insurers Should Prepare For 'Black Swan' Climate Disasters

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    As rapid climate change results in increased risk of casualties and property loss from rare, severe weather events, the insurance industry should take five crucial steps toward evolving and continuing operations, including advanced analytic techniques and investments in alternative energy sources, say Stephen Brown and Irena Maier at Wilson Elser.

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