Property
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April 25, 2024
New PFAS Rules Portend More Insurance, Superfund Suits
New rules from the Environmental Protection Agency designating as hazardous so-called forever chemicals, and limiting those toxic chemicals in water supplies, are likely to contribute to a wave of insurance litigation over liabilities, while potentially posing new coverage implications for companies involved in Superfund sites.
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April 25, 2024
Emotional Damages Not Covered In OD Suit, Pa. Justices Rule
The Pennsylvania Supreme Court has reversed a lower court's ruling that a Nationwide unit had a duty to defend two homeowners in a suit over a man's fatal overdose under their roof, holding Thursday that underlying emotional distress damages don't fall within the policy's definition of bodily injury.
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April 25, 2024
Insurance Backs Up College Athletes About To Turn Pro
As the NFL draft begins, experts tell Law360 how changing circumstances make it ever more important for athletes transitioning from the college to professional level to secure insurance coverage, should an injury derail a pro career.
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April 24, 2024
Condo Group Says Insurer Is Blowing Off Wind, Hail Damage
Greater New York Mutual Insurance Co. has moved to federal court an Ohio non-profit condominium community's state court lawsuit accusing it of lowballing the group's wind and hail damage costs and then refusing to engage in their agreed-upon appraisal process.
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April 24, 2024
Samsung Unit Says Exclusion Doesn't Apply To Storm Losses
A Samsung unit seeking coverage for more than $400 million in damage to its semiconductor manufacturing facility related to Winter Storm Uri in 2021 asked a Texas federal court to rule that power loss during the storm did not trigger the policy's so-called lack of services exclusion.
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April 23, 2024
HUD Finalizes Rule Raising Building Standards In Flood Zones
The U.S. Department of Housing and Urban Development published a rule on Tuesday setting stricter flood-protection standards for homes built or fixed with funds from the agency in an effort to manage storm risk and rising insurance costs.
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April 22, 2024
Ralph Lauren Can Continue Appeal Of COVID Coverage Loss
The Third Circuit on Monday lifted a stay that sidelined a Ralph Lauren Corp. appeal of a district judge's ruling that the fashion retailer failed to show insurable physical damage to stores from the COVID-19 pandemic, sending the case to an appellate motions panel with three similar actions.
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April 19, 2024
Insurers Push To Arbitrate Hurricane Damage Case
An arbitrator should decide whether a Louisiana property owner's hurricane damage claims must be arbitrated, a group of surplus lines insurers argued in urging the Second Circuit to reject a New York district court's reliance on the circuit's precedent to find the arbitration clause at issue unenforceable.
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April 19, 2024
CORRECTED: Fla. Jury Says AIG Mishandled Claim For Irma Damage
A Florida federal jury on Friday found that AIG mishandled part of the claims process for damage from Hurricane Irma to a $95 million oceanfront mansion near Miami but declined to award punitive damages against the insurer.
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April 19, 2024
The Week In Trump: NY Trial And A High Court Date Loom
Despite a few snags, jury selection for Donald Trump's hush money trial in Manhattan unfolded relatively quickly, clearing the way for opening statements Monday in the historic case as the former president prepped for a U.S. Supreme Court debate over his supposed immunity.
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April 18, 2024
Justices' Corporate Disclosure Ruling Dodges D&O Upheaval
A U.S. Supreme Court decision that limited when securities fraud claims can be brought for a failure to disclose information relieved policyholder experts, who told Law360 that the justices avoided major consequences for directors and officers policies.
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April 18, 2024
Mich. High Court Takes Up Insurer Garnishment Dispute
The Michigan Supreme Court agreed Thursday to consider whether an insurer's supposed bad faith refusal to settle a claim can be litigated in a garnishment action in The Burlington Insurance Co.'s appeal of an injured worker's attempt to collect the unsatisfied portion of a $13.7 million judgment.
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April 18, 2024
Four Environmental Issues Insurers Eye On Earth Day
From questions over climate disclosure rules to a rapidly increasing landscape of flood risk, Earth Day this year offers a chance to take stock of how much climate change has affected the insurance industry and the consumers that rely on it for disaster relief. Here, ahead of the annual quasi-holiday on April 22, Law360 looks at some of the most important insurance trends and stories related to the environment.
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April 18, 2024
Insurance Litigation Week In Review
California's attorney general stepped into an unfair competition dispute with State Farm, Allstate demanded that a former contractor stop spreading lies, a session replay suit against Liberty Mutual was paused, and the Eleventh Circuit pondered whether an insurer should pay a nonapportioned settlement.
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April 18, 2024
Ohtani Theft Scandal Loads Bases For Insurance Claims
The embezzlement and sports betting scandal that has ensnared Los Angeles Dodgers star Shohei Ohtani's former interpreter could implicate a range of insurance and civil litigation possibilities, coverage experts say, pointing to criminal allegations that Ohtani was defrauded of $16 million.
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April 17, 2024
No Redo For Insurer In Hail Damage Dispute, Judge Says
A Texas federal court refused to rethink its ruling denying an insurer's early win in a hail damage coverage dispute with a textile company, saying the insurer provided no new information that could change the court's finding or establish the court's manifest error.
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April 17, 2024
Insurer Owes No More Water Damage Coverage, Court Says
A Nationwide unit was required to pay only $5,000 to a Tennessee building's owner after water from a sewer or drain pipe backed up and overflowed within, a Tennessee federal court ruled, finding a water damage exclusion in the company's policy made a $5,000 sublimit applicable.
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April 16, 2024
5th Circ. Rejects La. Homeowners' Repeat Hurricane Claim
The Fifth Circuit declined Tuesday to revive a Louisiana couple's proposed class action alleging that their insurer's method of evaluating their Hurricane Ida property damage violated state law, affirming that a previous, related lawsuit the couple filed barred the present claim from coverage.
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April 16, 2024
11th Circ. Asks If Undivided Settlement Can Still Be Covered
An Eleventh Circuit panel seemed torn Tuesday on whether to allow insurance coverage for a $557,000 nonapportioned Georgia federal settlement that potentially included both covered theft and noncovered negligent deconstruction, awarded to a Georgia mill owner who hired the insured.
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April 15, 2024
Geico Must Arbitrate Fraud Claims Against Chiropractors
The Third Circuit held in a precedential opinion Monday that Geico must arbitrate three lawsuits accusing chiropractic practices of providing unnecessary services totaling $10 million, pointing to documentation indicating that disputes connected to personal injury protection benefits must be resolved out of court.
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April 15, 2024
Calif. AG Backs Unfair Competition Claims Against State Farm
California policyholders should be able to assert claims under the state's unfair competition law independent of a one-year claim filing deadline under their insurance policy, state Attorney General Rob Bonta told the California Supreme Court, backing a San Francisco homeowner's unfair competition claims against a State Farm unit.
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April 12, 2024
Ala. Church's Hurricane Claims Are Covered, 11th Circ. Rules
There was enough evidence for an Alabama federal jury to conclude that a church suffered nearly $170,000 in covered property damage from Hurricane Sally, the Eleventh Circuit has ruled, rejecting an insurer's argument that the church's claims failed as a matter of law under a wear and tear exclusion.
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April 12, 2024
The Week In Trump: Catch Up On The Ex-President's Cases
Donald Trump and his legal team proved that they are nothing if not persistent as they repeatedly tried — and failed — to hit the brakes on the former president's porn star hush money trial in Manhattan.
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April 11, 2024
Norfolk's Proposed Deal Shows Risk Management Is Critical
Norfolk Southern Railway Co.'s proposed $600 million settlement with residents and businesses stemming from last year's train derailment and toxic chemical spill in East Palestine, Ohio, highlights the importance of a proactive risk management department and transparency between policyholders and carriers, experts say.
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April 11, 2024
Insurer AI Rules Push Self-Oversight, Leave Enforcement Hazy
State regulators across the United States that advise insurers to establish protocols for testing, documenting and governing their artificial intelligence tools are offering clarity for companies to self-regulate, but leaving the prospect of enforcement vague, experts said.
Expert Analysis
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Conn. Insurers Should Note Stricter Market Exit Oversight
The Connecticut Insurance Department recently issued a bulletin that reflects a unique and stricter approach to insurers' market withdrawals and reductions in property and casualty business, making clear that it will not assess compliance based on an insurer's intent, but on the effect of the insurer's actions, says Elizabeth Retersdorf at Day Pitney.
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Extreme Weather And Renewable Project Insurance Coverage
Excerpt from Practical Guidance
The regularity and severity of extreme weather events driven by climate change are putting renewable energy projects increasingly at risk — so project owners, contractors and investors should understand the issues that can arise in these situations when seeking recovery under a builder's risk insurance policy, say Paul Ferland and Joshua Tumen at Cozen O'Connor.
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Potential Relief For Nevada Insureds Is On The Horizon
A proposed regulation recently issued by the Nevada Division of Insurance would severely restrict the state's new law prohibiting burning-limits policies, enacting welcome changes to address businesses' concerns that the law will make it harder to obtain cost-effective liability insurance, says Sheri Thome at Wilson Elser.
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NY Co-Ops Must Avoid Pitfalls When Navigating Insurance
In light of skyrocketing premiums, tricky exclusions and dwindling options, New York cooperative corporations must carefully review potential contractors' insurance policies in order to secure full protection, as even seemingly minor contractor jobs can carry significant risk due to New York labor laws, says Eliot Zuckerman at Smith Gambrell.
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Insurance Rulings Continue Expansion Of Appraisal's Ambit
Two recent Illinois insurance cases allowing property damage appraisers to determine causation — Wysoczan v. Cambridge in federal court and Shelter v. Morrow in state appellate court — perpetuate a judicial trend that will result in a slower, more expensive and cumbersome appraisal process that resembles litigation, says Matthew Fortin at BatesCarey.
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Suits Likely Over Nevada Law Limiting Claimant Injury Exams
A new Nevada law placing barriers on the mental or physical examinations that defendants use to evaluate claimants' injuries will likely spur waves of litigation to reconcile it with existing rules and practice, says Michael Lowry at Wilson Elser.
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Mass. Ruling Shows Value Of Additional Insured Specifics
A Massachusetts court’s recent D.F. Pray v. Wesco Insurance decision demonstrates that blanket additional insured endorsements can create issues with personal jurisdiction, so those named as additional insureds should require their lower-tier contractors to use specific endorsements, say Thomas Dunn and Sheya Rivard at Pierce Atwood.
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7 Ways Telco Operators Can Approach Lead Cable Claims
A recent spotlight on the telecommunication industry shows that companies in the field have known for decades that lead-wrapped cables proliferate in their vast networks, which is likely to provoke prolonged and costly legal battles — but seven best practices can efficiently resolve claims and minimize damage, say consultants at AlixPartners.
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What Wis. High Court Ruling Means For Coverage Analysis
Overturning insurance law precedent in 5 Walworth v. Engerman Contracting, the Wisconsin Supreme Court recently rejected the use of the economic loss doctrine and integrated systems analysis in commercial general liability cases, but a strongly worded concurrence could indicate that the court's opinion may have limited persuasive reach, say Laura Lin and Pierce MacConaghy at Simpson Thacher.
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Auto Insurers Should Reassess Calif. Diminished Value Claims
Many California auto insurers currently pay third-party claims for diminished value damages after a vehicle has been in an accident; however, federal decisions interpreting California law suggest that insurers may not have to pay some of these claims, says Charles Danaher at Sheppard Mullin.
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A Festival Of Litigation Could Arise From 'Electric Zoo' Fiasco
Over Labor Day weekend, thousands of electronic dance music fans were displeased with the organization of the New York City-based Electric Zoo festival, which quickly elicited comparisons to the 2017 Fyre Festival — and three kinds of litigation could ensue from the debacle, say attorneys at Seiden Law.
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Potential Marijuana Status Change Would Shift Industry Risks
Cannabis companies and their insurers should pay close attention to how the U.S. Department of Health and Human Services' move toward marijuana reclassification plays out, and the potential for a shakeup in the landscape for cannabis regulation at the state and federal levels, says Ian Stewart at Wilson Elser.
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Key Provisions In Florida's New Insurer Accountability Act
Florida's recent bipartisan Insurer Accountability Act introduces a range of new obligations for insurance companies and regulatory bodies to strengthen consumer protection, and other states may follow suit should it prove successful at ensuring a reliable insurance market, say Jan Larson and Benjamin Malings at Jenner & Block.