Property
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March 27, 2024
2nd Circ. Weighs Broadening 'Claim' In Shareholder Dispute
The Second Circuit questioned Wednesday whether it should use a New York state appeals court ruling to broaden the meaning of "claim" in a propane company's directors and officers policy with a Liberty Mutual unit, including not just an entire underlying lawsuit but the individual causes of action within.
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March 26, 2024
Insurer's Intervention In Sex-Trafficking Coverage Suit Limited
Starr Indemnity & Liability Co. can intervene in another insurer's suit against a hospitality company over coverage for sex trafficking allegations, but only if the other carrier's policy isn't rescinded and the case proceeds to a second phase of litigation, a Texas federal court has ruled.
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March 26, 2024
UK Marine Insurer Investigating Baltimore Bridge Crash
Britannia, a British marine insurer, confirmed Tuesday that it is working with authorities in Baltimore after a container ship destroyed the city's landmark Francis Scott Key Bridge in a collision that experts say is likely to cost the insurance sector billions of dollars in claims.
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March 25, 2024
No Coverage for Pa. ATV Accident, Insurer Says
Truck Insurance Exchange has told a Pennsylvania state court it should owe no coverage to a policyholder facing a personal injury suit over an all-terrain vehicle accident, saying the policyholder's insurance agent "intentionally" failed to disclose the accident before Truck issued the policy.
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March 22, 2024
Insurer Urges 9th Circ. To Reverse LA Port Co.'s Defense Win
United National Insurance Co. urged the Ninth Circuit on Friday to reverse a ruling that the insurer was obligated to defend a Los Angeles port company against pollution claims brought by the city, saying the lower court erroneously failed to enforce the policy's qualified pollution exclusion.
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March 21, 2024
AI Presents Risk To Insurers And Policyholders, Panelists Say
The growing use of artificial intelligence presents a risk to both insurers and insureds, experts said during a webinar Thursday, advising policyholders and their attorneys on how to navigate novel issues arising from the use of AI in the insurance industry.
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March 21, 2024
Calif. Panel Revives Diner's COVID Sanitization Coverage Bid
A California state appeals court revived a diner's bid for property insurance coverage of COVID-19 losses after it determined the restaurant credibly alleged direct physical losses and that the policy's language covering losses attributable to a virus applied to COVID-19 sanitization efforts.
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March 21, 2024
2nd Circ. To Weigh 'Claim' Meaning In Family Share Dispute
The Second Circuit on Wednesday will hear arguments over whether a New York federal court erred in finding that a contract exclusion barred any duty a Liberty Mutual unit had to defend a propane company and two of its executives in a family shareholder dispute.
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March 21, 2024
6 Questions For ZestyAI CEO Attila Toth
As California regulators push proposals aimed at luring back insurance companies to the state's challenged market, advanced modeling techniques have taken a prominent place in the debate over how to best price risk as traditional methods lose relevance. Here, Law360 talks to Attila Toth, chief executive officer of ZestyAI, a risk modeling company that sells artificial intelligence-based risk models to insurers seeking to refine their risk assessment capabilities.
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March 21, 2024
Insurance Litigation Week In Review
The U.S. Supreme Court considered the NRA's free speech rights and whether an insurer had standing in bankruptcy court, Geico was slammed with a $164 million payout, the Sixth Circuit seemed hesitant to force Amway to pay its own defense costs and Metallica's COVID-19 coverage case faded to black.
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March 21, 2024
Calif. Regulators' Pitch On Insurance Reform Draws Scrutiny
Two regulations proposed to help lure insurers back to California's market by speeding up the state's rate approvals and allowing insurers to use catastrophe models to set rates are drawing scrutiny as industry and consumer groups weigh their potential effects.
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March 21, 2024
Sanitizer Co. Faces Tough Ad Injury Coverage Bid In 2nd Circ.
A company accused of falsely advertising that its sanitizing products were effective in disinfecting surfaces faces an uphill battle, experts say, as the Second Circuit is poised to hear oral arguments Monday over whether the company is owed coverage under its commercial general liability policy for an underlying class action.
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March 19, 2024
8th Circ. Won't Rethink Mo. City's COVID-19 Coverage Loss
The Eighth Circuit shot down a Missouri city's request to reconsider a panel ruling denying its request for coverage of sales tax revenue losses stemming from pandemic-related shutdowns, rejecting the city's argument that the panel misinterpreted policy terms and skewed its review in favor of the insurer.
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March 18, 2024
Justices Tilt Toward NRA In Free Speech Row With Regulator
A cautious U.S. Supreme Court seemed poised Monday to rule in favor of the National Rifle Association in a case over allegations that a former New York state official pressured financial institutions to cut ties to the National Rifle Association in violation of its free speech rights.
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March 18, 2024
Colo. HOA Not Covered In Travelers Repair Payment Row
A Colorado federal judge ruled a Travelers unit doesn't have a duty to defend or indemnify a Denver homeowners association seeking coverage for a dispute with a different Travelers unit that alleged it overpaid for a hailstorm property damage claim.
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March 18, 2024
Chicago Can Keep $26M Willis Tower Suit In Federal Court
A federal judge in Illinois has declined to send a $26 million lawsuit against the City of Chicago over rain damage at Willis Tower back to state court, finding the Metropolitan Water Reclamation District of Greater Chicago acts under federal authority in maintaining the minimum water levels dictated by the U.S. Army Corps of Engineers.
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March 15, 2024
U. Of Wash. Opposes Question Cert. In COVID Coverage Suit
The University of Washington's board of regents urged a state court to reject a Liberty Mutual unit's motion to certify COVID-19 coverage questions to a state appeals court, pointing to the Washington Supreme Court's previous rejection of such a move in a separate case that similarly involved pleadings-stage coverage claims.
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March 15, 2024
Wash. Justices Affirm Condo's Roof Damage Coverage Win
A resulting loss exception in a condominium complex's policy with Farmers Insurance Exchange preserves coverage for damage caused by potentially covered perils, such as condensation and water vapor, even though the loss resulted from excluded faulty workmanship, the Washington Supreme Court unanimously ruled.
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March 15, 2024
'Needless Circuit Split' In Tribal COVID Row, 9th Circ. Told
An AIG unit and other insurers are urging the Ninth Circuit to rethink its decision ordering them to litigate the Suquamish Tribe's COVID-19 business interruption claims in tribal court, arguing that a three-judge appeals panel's unanimous affirmation "creates a needless circuit split on the scope of tribal-court jurisdiction."
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March 14, 2024
Insurance Litigation Week In Review
A divided Colorado Supreme Court expanded application of the state's notice-prejudice rule, the Fourth Circuit tossed a COVID-19 coverage class action and the Eighth Circuit considered whether insurers' billing agreements with healthcare providers violated Minnesota's No-Fault Act. Here, Law360 takes a look at this week's top insurance news.
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March 14, 2024
8th Circ. Weighs If No-Bill Agreements Break Minn. Law
The Eighth Circuit carefully considered arguments Thursday between six Farmers units and a policyholder class as to whether the carriers' agreements with healthcare providers restricted the class's medical expense coverage in violation of Minnesota law, giving little indication of which way it leaned.
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March 14, 2024
Justices To Consider Insurer's Right To Participate In Ch. 11
The U.S. Supreme Court is expected to hear arguments Tuesday on whether Truck Insurance Exchange retains standing to oppose the proposed reorganization plan of two bankrupt manufacturers facing a bevy of underlying asbestos injury claims, after the Fourth Circuit blocked Truck's opposition since the plan was "insurance neutral."
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March 14, 2024
Insurer Climate Info Partnership Ups Federal Monitor's Role
A new data-sharing partnership between the U.S. Treasury and state insurance regulators reflects the government's growing interest in understanding and monitoring climate change risks to insurance markets, experts say, but questions remain over the extent to which the data will fully reflect the industry's risks and carbon footprint.
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March 14, 2024
4th Circ. Weighs Insurer's Duty To Defend Land-Use Dispute
The Fourth Circuit will decide whether to overturn a West Virginia federal ruling allowing an insurer to avoid covering a sustainable farm that has been accused by the oil and gas company of blocking it from drilling wells in a $4 million state land-use dispute. Here, Law360 breaks down the case in advance of the forthcoming decision.
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March 14, 2024
Justices To Weigh Free Speech, Gov't Oversight In NRA Row
The U.S. Supreme Court will hear arguments next week over whether a former New York state official illegally pressured financial institutions to cut ties to the National Rifle Association, setting up a showdown between free speech rights and regulatory oversight.
Expert Analysis
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Revisiting Loss Calculations For Business Interruption Claims
As business interruption insurance claims from COVID-19 and other recent catastrophes flood the courts, David Yohai and Heather Weaver at Weil examine two common judicial approaches to calculating losses, survey their outsize effect on an insured's recovery, and discuss how the influx of new decisions will change the landscape.
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The Hazards Of Female Lawyers Being 'Office Moms'
Female attorneys are frequently credited with being the "office moms" who do critical but undervalued work — from bringing birthday cakes to serving on diversity committees — but as lawyers return to offices, now is a good time for employers to rectify the gender imbalance that disadvantages women, say Ninth Circuit Judge Margaret McKeown and Fine Kaplan partner Roberta Liebenberg.
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Ransomware Case Signifies Shift In Cyber Insurers' Stance
The pleadings in a recently settled California federal court case, Boardriders v. Great American Insurance, show that cyber insurers are taking an adversarial approach to ransomware-related claims in the wake of increasing attacks, so policyholders should anticipate new policy language, claim-payment avoidance and more, say Lynda Bennett and Michael Scales at Lowenstein Sandler.
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Pa. Ruling Leaves Auto Policy Stacking Questions
Following the Pennsylvania Supreme Court's recent decision in Donovan v. State Farm, implicitly confirming the validity of a household vehicle auto policy exclusion with a proper inter-policy stacking waiver, it is unclear what the court expects insurers to do about stacking waivers, say Christopher Woodward and Allison Krupp at Marshall Dennehey.
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Cyber Rulings Aren't Helping COVID Biz Interruption Cases
Where policyholders have recently tried to draw comparison between the loss of property use from a COVID-19 shutdown order and the loss of data use from a ransomware attack, they have found courts unsympathetic to these arguments for business interruption insurance coverage, say Jane Warring and Kristian Smith at Zelle.
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Insurance Commissioner's Agenda: NY On Industry Diversity
My Chi To, executive deputy superintendent of the New York State Department of Financial Services Insurance Division, discusses steps her agency is taking to promote diversity, equity and inclusion within the insurance industry and suggests practices for companies to consider adopting.
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How Dealmakers Can Bridge M&A Differences In US, Europe
As business continues to heat up globally, differing practices and norms in mergers and acquisitions can lead to misunderstandings between U.S. and European dealmakers, but a comparison of documentation structures and processes can help avert these complications, say Piotr Korzynski and Piotr Jaskiewicz at Baker McKenzie.
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Insurance Considerations Amid Increased Use Of Drones
The growing use and rapidly evolving regulation of drone technology across industries raise tricky insurance coverage questions and increase exposure to third-party liability and first-party loss, say attorneys at Covington & Burling.
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9th Circ. COVID Coverage Ruling Misapplies Burden Of Proof
The Ninth Circuit’s recent decision in Mudpie v. Travelers Casualty Insurance, dismissing a COVID-19 insurance coverage claim, incorrectly applied the burden of proof to the policyholder instead of the insurer, disregarding the crucial differences between third-party liability and first-party all-risks insurance policies, says Lee Epstein at Flaster Greenberg.
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No Signs Of Turning, Tide Of Insurer COVID Wins Persists
The trend of COVID-19 business interruption decisions favoring insurers continues to hold strong — any commentary to the contrary is striking a narrative that is not borne out by reality, say attorneys at Dentons.
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How Law Firms Can Rethink Offices In A Post-Pandemic World
Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.
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5th Circ. Ruling Aids Policyholder Deductible Calculations
In its recent McDonnel Group v. Starr Surplus Lines Insurance decision, the Fifth Circuit held that the policy's flood deductible language was ambiguous, providing a win for policyholders and a helpful mathematical interpretation for insureds with similar deductible language in their property insurance policies, says Tae Andrews at Miller Friel.
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COVID-19 Offers Cautionary Tales On Hospitality Contracts
Hotel owners should look closely at the agreements that govern hotel investment and operation to learn lessons from the pandemic and to protect against such vulnerability in the future with force majeure clauses and other provisions, say Anthony Cavanaugh and Jiah Park at Miles & Stockbridge.