Property
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February 21, 2024
Uber Says Insurers Failed To Cover Dozens Of Injury Suits
Uber's insurers failed to live up to their obligations to defend the company and its for-hire drivers in dozens of personal injury lawsuits, the ride-hailing giant claims in two suits filed in New York federal court, saying that the companies' conduct had a negative impact on thousands of New York City drivers.
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February 21, 2024
No Property Coverage For Maui Wildfire, Insurer Says
A condominium association and its property manager have no coverage for property damage claims stemming from the 2023 Maui wildfires, their insurer told a Hawaii federal court, arguing that a property damage exclusion in their errors and omissions policy wholly bars coverage.
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February 20, 2024
Casinos Say 'Unique' Policy Should Cover $130M COVID Loss
A casino operator with properties on the Las Vegas Strip and beyond told a Nevada federal court that its "unique" all-risk insurance is the broadest available coverage and should pay for $130 million in business interruption losses caused by the COVID-19 pandemic.
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February 20, 2024
Eateries' Virus Losses Not Covered, Insurer Tells NC Justices
Cincinnati Insurance Co. urged the North Carolina Supreme Court to affirm its win in a dispute with more than a dozen eateries over coverage for pandemic-related losses, saying government shutdown orders do not constitute direct physical loss or damage required to trigger coverage.
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February 20, 2024
Insurers Say Pollution Exclusion Bars Cancer Suits Defense
An oil company accused of causing four people to develop cancer through exposure to harmful chemicals should not have coverage for its defense of the claims, according to four Nationwide units that told an Illinois federal court the company has no pollution coverage.
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February 16, 2024
4th Circ. Won't Revive Car Dealer's Hurricane Coverage Suit
The Fourth Circuit declined to revive a South Carolina car dealership's lawsuit seeking coverage from an AIG unit for losses the business sustained from Hurricane Dorian in 2019, agreeing with a district court that there was no link between a government evacuation order and physical damage that would warrant civil authority coverage.
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February 16, 2024
Condo Co., Insurer Settle Proposed Class Action Coverage
A Miami condominium, its former management company and various insurers agreed to settle coverage for a proposed class action accusing the condominium companies of allowing the building to deteriorate, a Florida federal judge said Friday, staying the coverage litigation while the parties finalize the deal.
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February 16, 2024
Barge Co., Insurer End Pollution Cleanup Coverage Fight
A Washington barge company and its insurer reached an agreement in a dispute over coverage of legal expenses stemming from claims that the company was liable for environmental pollution at an EPA cleanup site, according to a notice filed in Washington federal court.
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February 15, 2024
No Coverage For Pandemic Losses, NY Top Court Rules
A Texas-based restaurant operator isn't entitled to insurance coverage for its pandemic losses, New York's top court ruled Thursday, saying the operator didn't allege the kind of physical loss or damage required for coverage.
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February 15, 2024
Second Carrier Seeks To Toss Four Seasons Coverage Row
A subcontractor's insurer joined another carrier in urging a New York federal court to dismiss a general contractor's lawsuit seeking coverage in a $1 million underlying action over damage to a Four Seasons hotel in midtown Manhattan, arguing that the faulty workmanship claims don't constitute an occurrence under its policy.
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February 15, 2024
Zurich Owes $554K Over Faulty Construction Work, Erie Says
Erie Insurance Co. told a D.C. federal court Thursday that a Zurich unit wrongly denied coverage to Erie-insured subcontractors for over $554,000 in damage stemming from faulty work at a government agency renovation project, arguing Zurich has cited the wrong coverage form to deny liability.
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February 15, 2024
9th Circ. Backs Homeowners' Cert. In Allstate Overcharge Suit
Allstate will have to face a class action accusing it of artificially inflating home insurance premiums for thousands of California properties by double-counting built-in garage space, a Ninth Circuit panel ruled, affirming a lower court's decision.
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February 14, 2024
Fla. Condo Says Chubb Unit Stalled On $7M Storm Claim
A Florida Keys condominium has sued a Chubb unit over coverage related to $7.3 million worth of damage sustained during a 2017 hurricane, saying the company breached "industry standards" by dragging its feet on a claim and issued an amount less than what was needed for repairs.
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February 14, 2024
Contractor Owes $13M To Cover Virus Defaults, Insurer Says
A Michigan-based insurer asked a Florida federal court Wednesday to grant a default final judgment in its indemnification suit against a contractor, seeking to force the company to cough up nearly $13 million to reimburse payments against its surety bonds and protect the insurer from future claims.
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February 14, 2024
Insurer Notice Law Applies Retroactively, Fla. Panel Rules
A Florida state appeals panel affirmed the dismissal of a property insurance dispute by homeowners against their insurer, saying Wednesday lawmakers intended for a statute requiring policyholders to notify a state agency before suing an insurer for breach of contract to apply retroactively.
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February 14, 2024
Insurer Wants Out Of Covering SC Club Shooting
A Nationwide unit has told a South Carolina federal court it doesn't have to defend a nightclub operator against a former patron's negligence suit, arguing that an assault and battery exclusion in its liquor liability policy bars coverage for the claimant's shooting-related injuries.
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February 14, 2024
$600K In Dairy Queen Fire Damages Not Covered, Court Told
A Dairy Queen franchisee is attempting to overstep boundaries by asking for more coverage than the policy provides, its insurer told a Texas federal court, saying the restaurant's claim stems from the business's personal property damage from a fire at a leased location.
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February 14, 2024
Homebuilder, Insurer Settle Coverage Suit Over Fatal Fire
A builder accused of causing the deaths of two people by failing to install working smoke detectors in a home it constructed has settled its dispute with an insurer over $1 million in coverage for underlying litigation related to the deaths in California federal court.
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February 13, 2024
Insurer, Apartment Owner Agree To End Hail Damage Dispute
The owner of a 12-building apartment complex near Texas A&M University has agreed to end a dispute in Texas federal court with its insurer over $4 million in hail damage coverage.
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February 13, 2024
11th Circ. Boots Insurer's Appraisal Order Challenge
The Eleventh Circuit rejected a Zurich unit's bid to escape a Florida district court's order compelling it into appraisal proceedings with a Pensacola hotel owner, finding Tuesday the appellate court had no power to review a nonfinal order.
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February 13, 2024
$3.3M Loss Of Stolen Nokia Phones Not Covered, Insurer Says
An insurer told a Florida federal court Tuesday it doesn't owe coverage to a trucking company for an underlying lawsuit seeking over $3.3 million for a shipment of Nokia cellphones stolen during transport, arguing that the phones weren't in the company's custody at the time of the loss.
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February 13, 2024
Progressive Unit Sued Over Policy Nixed Before House Fire
A Washington married couple sued a Progressive unit over up to $750,000 in coverage for losses stemming from a house fire, claiming the insurer unfairly canceled their policy before the blaze without properly notifying them in accordance with state law.
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February 13, 2024
Insurer Says Fire Co. Owes $3.7M For Hotel Water Damage
A fire protection and security services company must pay more than $3.7 million for water damage at an Ohio hotel, a Liberty Mutual unit told an Ohio federal court, arguing that the damage was caused by the company's negligence in maintaining a fire sprinkler system.
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February 13, 2024
Fla. Condo Wants Full Coverage For $1.7M Hurricane Damage
A condo association told a Florida federal court that its National Flood Insurance Program insurer has refused to fully cover about $1.7 million in flood and storm damage in 2022 from Hurricane Ian.
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February 12, 2024
Insurer Says No Coverage For Idaho Murderer And Family
A mentally ill suspected cannibal and his wealthy mining family do not have insurance coverage for a wrongful death suit brought on behalf of a murdered, mutilated groundskeeper and his family, the insurer told an Idaho federal court.
Expert Analysis
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Why Legacy Insurance May Not Protect Adopters Of Bitcoin
Evidenced by El Salvador's adoption of the Bitcoin standard this week, there is an emerging need for insurance products to cover the risk of owning and holding the digital asset, as it may not fall into the protected categories in legacy insurance products, say attorneys at Mound Cotton.
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Ill. BIPA Ruling Marks Critical Win For Silent Cyber Coverage
The Illinois Supreme Court's recent decision in West Bend Mutual v. Krishna Schaumburg Tan, confirming that commercial general liability policies do not have to include specific language to cover claims under the Biometric Information Privacy Act, represents a critical victory for policyholders, but leaves unresolved issues in the battle over BIPA coverage, says Tae Andrews at Miller Friel.
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NY Badly Needs Bad Faith Bill To Hold Insurers Accountable
Contrary to a recent Law360 guest article that contends New York state's insurance reform bill would unfairly tip the scales against insurers, Edward Steinberg at the New York State Trial Lawyers Association argues the law is necessary to hold insurers accountable for acting in bad faith, and would protect policyholders and injured parties alike.
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Insurers Have Cause For Optimism In Labor Cost Rulings
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.
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Predictions On Pandemic's Lasting Impact On Legal Education
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.
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Firms Should Use Surveys To Make Smart Legal Tech Choices
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.
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Don't Forget Due Diligence In Race For Lateral Associate Hires
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.
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Insurance Could Be A Solution To Microchip Shortage Losses
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.
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5 Steps For Law Firms Rethinking Flexible Work Post-COVID
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.
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NY Bad Faith Bill Would Tip The Scales Against Insurers
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.
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Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys
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.
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Make Profitability Management Part Of Your Law Firm Culture
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.
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The Pandemic's Bright Spots For Lawyers Who Are Parents
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.