Property

  • January 25, 2024

    Insurer Says Contractor Not Covered In Oil Refinery Fire Suits

    A petrochemical contractor is not entitled to coverage for a number of suits over an incident at an Arkansas oil refinery in which a hazardous substance was released and caught fire, an excess insurer told a Texas federal court Thursday, saying the contractor's two-year delay in providing notice bars coverage.

  • January 25, 2024

    La. Auto Dealer, Insurer Settle $1.2M Ida Coverage Row

    A car dealer agreed to permanently end its bid for more than $1.2 million in Hurricane Ida-related coverage from its insurers, telling a Louisiana federal court that it had reached a settlement with its insurers.

  • January 25, 2024

    No Sanctions For Receivership Settlement Delays, Judge Says

    A Michigan federal judge approved a business interruption coverage settlement concerning a Detroit property in receivership, allowing the property's owner to dodge a bid for sanctions brought by the receiver over delays in signing the agreement.

  • January 25, 2024

    State Farm Beats Suit Alleging Excessive COVID-Era Premiums

    A California federal judge on Thursday said State Farm Fire and Casualty Co. did not collect excessive premiums during the COVID-19 pandemic, handing the insurer an early win in a proposed class action brought by a cafe owner.

  • January 25, 2024

    Power Co. Can't Dismiss Explosion Fraud Claim, Insurers Say

    Two insurers for an infrastructure technology company urged an Ohio federal court not to toss their bid to recoup $18.7 million in damages for a manufacturing facility explosion, maintaining that state law supports their ability to bring both a breach of contract and fraud claim.

  • January 25, 2024

    NJ Justices Keep Up Trend Of Virus Suit Wins For Insurers

    In turning back an Atlantic City casino's $50 million bid for pandemic loss coverage, New Jersey's top court kept in line with the vast majority of courts deciding such suits, while shutting the door to Garden State policyholders seeking virus coverage, experts say.

  • January 24, 2024

    Apartment, Insurers Settle Stalled Construction Coverage Row

    A Tampa, Florida, apartment complex owner and its insurers settled their dispute in federal court over coverage for delayed construction after mediation, they said Wednesday in a joint settlement notice.

  • January 24, 2024

    NY Developer Says Court Lacks Jurisdiction In $1.7M Fire Suit

    A real estate CEO accused of lying on his insurance application asked a New York federal judge to dismiss an insurer's case disclaiming $1.7 million in fire damage coverage for a 19th century estate his business owned in Albany, saying the court lacks jurisdiction.

  • January 24, 2024

    Samsung, Best Buy Owe Insurer In Microwave Fire, Court Told

    Samsung and Best Buy should reimburse State Farm for a $231,000 payment covering damage to a home in a fire that State Farm claims was caused by a defective microwave, the insurer alleged in a complaint removed to Pennsylvania federal court.

  • January 24, 2024

    Accused Fraudster Hurting Policyholders, NC Justices Told

    Four insurers told the North Carolina Supreme Court that a former insurance mogul facing criminal fraud charges is still running his businesses, contrary to a contract and lower court order, renewing their request for clarity on what parts of an appellate court's opinion the high court will review.

  • January 23, 2024

    Insurer Tells Wash. High Court No Coverage For Faulty Roof

    Farmers Insurance Exchange told the Washington Supreme Court on Tuesday that a "resulting loss exception" to a defective work exclusion in a condominium complex policy should not allow it to recover for condensation damage to its roof resulting from inadequate ventilation.

  • January 23, 2024

    NC Poultry Plant Sanctioned For Last-Minute Document Dump

    The North Carolina Business Court has sanctioned a chicken plant for disclosing key evidence on the eve of an insurance fraud trial stemming from a 2017 fire, finding the late document dump was caused by "extreme negligence."

  • January 23, 2024

    Insurer Says No Coverage Of $1M Suit By NYC Four Seasons

    A construction company working on a Four Seasons Hotel in midtown Manhattan told a New York federal court that insurers should pay to defend it in a $1 million suit brought by the hotel alleging damages to its guest rooms, while its insurer said Tuesday that it wants the case dismissed.

  • January 23, 2024

    Progressive Customers Fire Back At Proposed Dismissal

    Progressive customers in a consolidated proposed class action surrounding the exposure of nearly 350,000 users' personal data to unauthorized actors urged an Ohio federal judge to reject the insurer's dismissal bid, arguing in part that the motion couldn't get around Progressive's own admission to the leak of information.

  • January 23, 2024

    Condo Assoc. Says Insurer Played Favorites In Fee Dispute

    A Virgin Islands condominium association told an Illinois federal court that an AIG unit played favorites in a fee payment dispute between its insureds, refusing to cover more than $500,000 in legal fees for the association while fully funding its opponent.

  • January 23, 2024

    Condo Assoc. Says Insurer Can't Limit Bombing Coverage

    A Nashville, Tennessee, condominium owners association said it's entitled to $10.7 million from its insurer to repair property that was damaged in a bombing in December 2020, telling a federal court that an exclusion for buildings designated as historic structures does not apply to limit recovery.

  • January 22, 2024

    La. Landlord Says Insurer Must Face Hurricane Damage Suit

    A suburban New Orleans commercial property owner asked a Louisiana federal judge to allow its case over more than $220,000 in damage from Hurricane Ida in 2021 to continue, poking holes in its insurer's request to toss the case.

  • January 22, 2024

    Insurer Says No Coverage For $2.5M In Car Wash Break-Ins

    An insurer and a car wash owner filed competing motions for full or partial summary judgment in a $2.5 million California federal court suit over insurance coverage for a series of thefts and break-ins at the car wash in 2018 and 2019.

  • January 22, 2024

    Colo. Contractor Seeks Defense For $2M Defects Arbitration

    A Colorado general contractor is suing five insurers over their refusal to defend the company in arbitration proceedings over construction defects at a senior living community, telling a Colorado federal court they owe coverage under policies issued to its subcontractors.

  • January 22, 2024

    Insurer Settles $10M Coverage Fight With Contractor, Condo

    A Tokio Marine unit reached a settlement with a contractor and a West Hollywood condominium association, ending the parties' California federal court dispute over coverage for an estimated $10 million in replacement costs for defective plumbing and mechanical work.

  • January 22, 2024

    Condo To Tell 6th Circ. Insurer Must Cover Resident Suits

    A Detroit condominium association said it will urge the Sixth Circuit to reverse a Michigan federal court's ruling that its insurer does not owe it coverage for underlying suits over damaged fences, defamation and legal fees.

  • January 19, 2024

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 55 Practice Group of the Year awards among them, steering some of the largest deals of 2023 and securing high-profile litigation wins, including at the U.S. Supreme Court.

  • January 19, 2024

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2023, which honor the attorney teams behind litigation wins and major deals that resonated throughout the legal industry this past year.

  • January 19, 2024

    Nev. Justices Dismiss Hilton Insurers' Appeal In Virus Suit

    The Nevada Supreme Court said it can't review a rejected bid to dismiss Hilton's state court suit seeking more than $1.7 billion from its insurers for COVID-19 losses, granting Hilton's request to toss the appeal for lack of jurisdiction.

  • January 19, 2024

    4th Circ. Lets Insurer Fly The Coop In Vulture Infestation Row

    A Maryland strip mall that was pecked by turkey vultures did suffer an "infestation," a Fourth Circuit panel found Friday, affirming a lower court's judgment in favor of an insurer, finding the bird damage constituted an excluded event.

Expert Analysis

  • Insurers Have Cause For Optimism In Labor Cost Rulings

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    Recent decisions from the high courts of South Carolina and North Carolina — holding that embedded labor costs can be depreciated from the replacement cost of property — bolster insurers’ moderate edge in these disputes and point to important implications for both insureds and insurers, says Richard Mason at MasonADR.

  • Predictions On Pandemic's Lasting Impact On Legal Education

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    The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

  • Firms Should Use Surveys To Make Smart Legal Tech Choices

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    The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.

  • Don't Forget Due Diligence In Race For Lateral Associate Hires

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    Amid high demand for associates and aggressive competition to attract talent, law firms should take three key steps to conduct meaningful prehire due diligence and safeguard against lateral hiring mistakes that can hurt their revenue and reputation, says Michael Ellenhorn at Decipher.

  • Insurance Could Be A Solution To Microchip Shortage Losses

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    To the extent that companies experiencing lost income from the global microchip shortage have contingent business interruption or dependent property coverage and can trace their impaired revenues to physical loss or damage to a supplier, there may be some potential for insurance recovery, says Micah Skidmore at Haynes and Boone.

  • 5 Steps For Law Firms Rethinking Flexible Work Post-COVID

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    A flexible work environment will be key to recruiting and retention efforts post-pandemic, so law firms must develop comprehensive policies that solidify expectations and boundaries on accommodations such as flextime, remote work and reduced hours, says Manar Morales at the Diversity & Flexibility Alliance.

  • NY Bad Faith Bill Would Tip The Scales Against Insurers

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    A recently introduced New York bill proposes a statutory cause of action for insurance company bad faith when legal remedies already exist, which may dangerously upset the balance between insurers and policyholders, say attorneys at Hurwitz & Fine.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • The Pandemic's Bright Spots For Lawyers Who Are Parents

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    The COVID-19 crisis has allowed lawyers to hone remote advocacy strategies and effectively represent clients with minimal travel — abilities that have benefited working parents and should be utilized long after the pandemic is over, says Chelsea Loughran at Wolf Greenfield.

  • Why The Future Law Firm Model Is Industry-Based Offerings

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    Multidisciplinary, industry-based groups at law firms allow for more holistic legal advice, lead to sustainable client relationships, and are likely to replace practice group monoliths at many firms, say Jennifer Simpson Carr at Furia Rubel, Timothy Corcoran at Corcoran Consulting and Mike Mellor at Pryor Cashman.

  • Outliers Offer False Hope For Virus Biz Interruption Claims

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    A few recent policyholder wins have caused some to overstate the potential for recovery in commercial property claims over COVID-19 prevention efforts, but in reality business interruption decisions are consistently and overwhelmingly favoring insurers, say Erin Bradham and Keith Moskowitz at Dentons.

  • Thought Leadership's Critical Role In Law Firm Diversity

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    Minority attorneys are often underrepresented in conferences, media interviews and other law firm thought leadership campaigns, which affects their visibility with potential clients and their ability to advance at their firms, says John Hellerman at Hellerman Communications.

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