Property
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February 08, 2024
Texas Adjuster No Longer To Pretend To Be Lloyd's Of London
An insurance adjuster who hijacked the good name of British underwriting giant Lloyd's of London after blaming it for lost compensation agreed in Texas federal court to shut down businesses he opened in its name.
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February 08, 2024
8th Circ. Won't Revive Renter's Fire Loss Coverage Fight
The Eighth Circuit refused Thursday to revive an Arkansas renter's fire coverage suit against her insurer, finding a district court was correct to permanently dismiss the case over what it said were willful failures to follow its orders and properly participate in discovery.
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February 08, 2024
Insurance Orgs. Say Bill Would Prevent CFPB Overreach
Bipartisan legislation seeking to clarify the powers of the Consumer Financial Protection Bureau has drawn support from insurance regulators and industry trade groups who say the bureau has encroached upon state-based insurance regulation despite clear statutory limitations.
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February 08, 2024
Esurance Pockets Totaled Vehicles' Sales Tax, Suit Says
Auto insurer Esurance stole from customers by routinely failing to cover sales tax on totaled vehicles, a policyholder said in a proposed class action filed in New York federal court.
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February 08, 2024
Apt. Owners Can't Avoid Arbitrating Ida Damage, Insurers Say
Seven New Orleans-area property owners must submit their Hurricane Ida damage claims to arbitration proceedings regardless of whether one of two foreign conventions applies to the case over the other, a group of 10 insurers told a Louisiana federal court.
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February 07, 2024
'Family' Exclusion Nixes Coverage For Menards, 8th Circ. Says
An Iowa Menards home improvement retailer doesn't have coverage under the insurance of a customer who launched an injury suit against it, an Eighth Circuit panel ruled in a published opinion, finding intrafamily immunity applied, even if the shopper was unrelated to the employee who allegedly dropped lumber on her.
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February 07, 2024
No Defense Owed For $500K Defects Dispute, Insurer Says
A GBLI Global Indemnity unit does not owe coverage to a general contractor and subcontractor in connection with a Clearwater, Florida-area couple's bid for more than $500,000 in damages for construction defects, the insurer has told a Florida federal court.
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February 07, 2024
La. Pizzeria, State Farm Settle Hurricane Damages Suit
State Farm and a Louisiana pizzeria reached an agreement in their dispute over allegations that the insurer was artificially suppressing the cost of repairs and over-depreciating losses on claims connected to damage from Hurricanes Laura and Delta, the two parties told a Louisiana federal court.
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February 07, 2024
No Coverage For Apt. Complex In Negligence Row, Court Told
The owner and managers of a Kansas City, Missouri-area apartment complex can't get coverage for a proposed class action brought by its tenants over claims of putrid living conditions, an insurer told a federal court, claiming several exclusions in its policies bar any recovery.
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February 07, 2024
Fla. Aircraft Co.'s Claims Narrowed In Hurricane Coverage Suit
A Florida federal judge pumped the brakes on some of a Florida aircraft company's claims against its insurer related to its relocation in 2017 after Hurricane Irma, saying the company can't introduce previously concealed damages in the nearly $250,000 dispute.
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February 06, 2024
Church Urges 5th Circ. To Affirm $2M Hurricane Coverage Win
Church Mutual Insurance Co. may not like the $2 million judgment a Louisiana federal judge handed down over unpaid hurricane damages, but there's no ground to disturb the award, the First United Pentecostal Church in DeQuincy has told the Fifth Circuit.
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February 06, 2024
Investment Report Shows Cost Of Delaying Climate Action
Insurers could face billions of dollars in losses if they continue with their current courses of investments that contribute to climate change, according to a new analysis by insurance regulators from California, Oregon and Washington.
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February 06, 2024
Appeals Court Upholds Insurers' COVID-19 Coverage Win
A Texas state appeals court upheld on Tuesday a decision that a pollution and contamination exclusion prevents coverage for Baylor College of Medicine's COVID-19-related losses.
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February 06, 2024
Complex Not Covered For $4M Shooting Claim, Insurer Says
A Nationwide unit told a Georgia federal court it doesn't owe coverage to an Atlanta apartment complex for a tenant's bid to hold it liable for injuries she suffered during a shooting, claiming the complex waited nearly a year to notify the insurer.
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February 05, 2024
Fla. Legislative Session: Property Insurance Bills Roundup
Florida lawmakers have put forward dozens of proposals to address insurance challenges in the state, from a bill that would expand coverage from the state's last resort insurer to another that contemplates mangroves as bulwarks against flooding.
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February 05, 2024
Insurer Owes $1.3M In Defects Row Defense Costs, Co. Says
A Hartford unit owes a Chicago-area homebuilder more than $1.3 million in unpaid defense costs related to an underlying construction defect suit, the company told an Illinois federal court, claiming the insurer has refused to explain its coverage decisions.
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February 05, 2024
BNSF Railway Blamed For Triggering 2023 Wash. Wildfire
A tenant who lost his belongings in a blaze last summer that destroyed 10 homes and burned more than 500 acres in Washington state blamed BNSF Railway in state court for negligently running a "fire prone train" through a hot, dry, overgrown area, igniting the Tunnel 5 Fire.
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February 05, 2024
Insurer Owes $2.5M For Lost Income, Shop Owner Says
A Hartford unit refused to pay out $2.5 million in business interruption coverage for a New York City doughnut shop's income that was lost while the city shut the store down during repairs, the shop told a New York federal court.
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February 02, 2024
Calif. Rate Approvals Centered In Coverage Crisis Debate
A California law permitting public challenges to proposed premium increases is saving policyholders billions of dollars, a consumer advocacy group recently reported, a claim that has drawn scorn from industry professionals amid efforts to change the law to better favor carriers.
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February 02, 2024
Owner Says Insurer Can't Dodge Tenn. Hooters Bombing Row
The insurer of a Hooters restaurant that was decimated in a 2020 Christmas Day bombing appointed a crooked appraiser who tainted a damage award, the historic property's owner told a Tennessee Federal Court, adding that the biased determination was invalid under state law.
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February 02, 2024
Progressive Faces Trial In Car Undervaluation Class Action
Progressive insurance units may have to face a jury trial on claims they systematically undervalued totaled cars after a Georgia federal judge rejected the company's bid to end the suit, ruling policyholders had enough evidence to argue they were shortchanged on claim payouts.
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February 02, 2024
Dozens Of Casinos Lose To Insurers In COVID-19 Suit
A Pennsylvania state court judge handed a win to a large group of insurers in a dispute over COVID-19 pandemic losses suffered by dozens of casinos across 20 states, finding the businesses couldn't establish that the presence of the virus caused physical loss or damage.
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February 02, 2024
Clyde & Co. Hires Ex-Lewis Brisbois Team In Chicago
Law firm Clyde & Co. LLP announced Thursday that it had hired nine Chicago-based insurance law and general liability attorneys from Lewis Brisbois Bisgaard & Smith LLP, including that firm's former managing partner in the city.
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February 02, 2024
Holiday Inn Owner, Insurers Settle Suit Over $11M Ida Award
A New Orleans Holiday Inn owner asked a Louisiana federal court to permanently dismiss its suit against three insurers over an $11.4 million arbitration award and related bad faith claims after the parties reached a settlement in January.
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February 01, 2024
Fla. Justices Affirm Appraisal Ruling In $8M Irma Damage Row
The Florida Supreme Court affirmed a decision to send an insurer's $8 million Hurricane Irma damage dispute with a condominium association to appraisal, holding Thursday that trial courts do have discretion in determining the order in which coverage and amount-of-loss issues are resolved.
Expert Analysis
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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.
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Why The Future Law Firm Model Is Industry-Based Offerings
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.