Property
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November 20, 2024
La. City Must Arbitrate Hurricane Ida Claims, Insurers Say
A group of foreign and domestic insurers pushed back against a New Orleans suburb's bid to vacate an order granting arbitration in a coverage dispute over Hurricane Ida damage, telling a Louisiana federal court that the city waived any arguments opposing arbitration.
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November 20, 2024
No Coverage For Road Rage Shooting Dispute, Judge Says
The auto insurer for a freight transportation company needn't cover an underlying suit over the fatal shooting of a man during a road rage altercation, a West Virginia federal court ruled, saying the shooting was "wholly unrelated to the inherent nature of the vehicle."
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November 19, 2024
Misnomer Doesn't Doom Fire Subrogation Suit, NC Panel Told
An insurer that sued two fire safety companies asked a North Carolina appeals court for another chance after it misidentified itself in its complaint, saying it made a nonprejudicial mistake in its suit seeking recovery for a 2019 blaze at a Hardee's restaurant it insured.
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November 19, 2024
Condo Says Insurer Underpaid By $19M After Hurricane Ian
A Florida condo association said its insurer underpaid it by nearly $19 million after Hurricane Ian destroyed its property in 2022, according to a suit that was removed to federal court.
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November 18, 2024
State Farm Keeps Win In Suit Over Fatal Domestic Shootings
An Ohio state appeals court on Monday backed State Farm's early win in a dispute between the estates of two deceased romantic partners following shootings that left both dead, with the three-judge panel concluding that the lower court rightly ruled that the insurer's policies with the boyfriend did not cover the incident.
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November 18, 2024
Wash. Court Asked To Eye Renewal Docs In Fire Damage Row
A Washington couple and two Progressive units urged a federal court to issue a pretrial ruling on whether the couple is entitled to up to $750,000 for a fire they said "destroyed" their home, after Progressive denied coverage for failure to pay the homeowner policy's premium.
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November 15, 2024
Judge Doubts Wildfire Trial Plan Would Hurt Some Plaintiffs
A Colorado state judge was skeptical Friday that a single liability trial for the thousands of plaintiffs suing Xcel Energy over a 2021 wildfire would deprive some people of a fair day in court, pressing lawyers for individual plaintiffs to explain why his plan would infringe on due process.
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November 15, 2024
California Blames Travelers For Rot Remediation Policy Deceit
In a case with potentially untold financial consequences, California district attorneys are blaming Travelers in state court for trying to attract customers by offering coverage for fungi and rot remediation for years without adequately disclosing stringent exclusions to state policyholders, in violation of state code.
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November 15, 2024
Philadelphia Eagles Seek To Revive COVID-19 Coverage Suit
The Philadelphia Eagles pressed a Pennsylvania federal court to rethink its decision tossing the football team's suit against its insurer over coverage for pandemic-related losses, calling its case different from all other COVID-19 loss cases and demanding further proceedings.
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November 14, 2024
Insurer Says Mich. Lawyers Lying About Its Auto Coverage
A no-fault auto insurer alleged in a new complaint Wednesday that Michigan personal injury attorneys and their law firms are engaging in a smear campaign to drive the insurer out of the state, accusing the attorneys and firms of posting lies that the company discourages drivers from selecting adequate policies and overcharges its customers.
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November 14, 2024
Insurance Industry Key In Net-Zero Transition, UN Group Says
The insurance industry must take a more meaningful approach to promoting climate-friendly underwriting and investment practices in support of the transition to a net-zero economy, the United Nations' insurance-climate initiative reported Thursday.
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November 14, 2024
Fake Bear, Real Fraud: Calif. Arrests 4 In Insurance Scheme
Four Los Angeles area residents were charged with insurance fraud and conspiracy after claiming that over $141,000 in damages to luxury autos were caused by a bear, though videos submitted to their insurers showed a person in a bear costume wreaking havoc, a California Department of Insurance spokesperson said.
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November 14, 2024
Insurance Litigation Week In Review
The First Circuit upheld a Berkley unit’s win in a construction defect coverage suit, the Ninth Circuit affirmed that an unlawful exclusion in an auto policy should be reformed and not voided, and the Third Circuit heard oral arguments in a vehicle valuation class action against Progressive. Here, Law360 takes a look at the week's top insurance news.
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November 13, 2024
Insurer Says Condo That Prevented Hunting Has No Coverage
The insurer for a homeowners association asked a South Carolina federal court Wednesday to determine that a dispute over the organization's attempt to ban residents from hunting deer on their property was not owed coverage under its policy's provisions.
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November 13, 2024
Insurers Say Hyundai, Kia Should Pay For Combusting Cars
A slew of insurers for owners of certain Hyundai and Kia vehicles are suing the companies in a case removed to California federal court Wednesday, seeking to recoup costs associated with almost a decade of claims for cars that allegedly spontaneously combust and have not been fixed by the manufacturers.
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November 13, 2024
Insurer Says No Coverage For House Fire Caused By Owner
A property insurer said it doesn't owe coverage to a woman whose Biloxi, Mississippi, home was destroyed in a fire, telling a federal court that its investigation into the loss suggested that the owner started the blaze.
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November 13, 2024
Perkins Coie Insurance Litigator Returns From Pillsbury
Perkins Coie LLP is rehiring an insurance litigator from Pillsbury Winthrop Shaw Pittman LLP, as the firm's insurance recovery work has more than doubled in the past three years, that group's practice chair told Law360 Pulse on Wednesday.
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November 08, 2024
1st Circ. Agrees No Coverage For Contractor In Defect Row
A First Circuit panel affirmed an insurer's win Friday, concluding that the carrier and excess insurers owed no coverage to a general contractor embroiled in underlying litigation regarding damage caused by a subcontractor's allegedly faulty work on a New Jersey project.
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November 08, 2024
NC Furniture-Maker Demands Hurricane Helene Coverage
A North Carolina furniture manufacturing facility is blaming its insurer for wrongfully using a flood damage exclusion to avoid covering more than $75,000 of damage to its premises following 2024's Hurricane Helene.
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November 07, 2024
Insurance Litigation Week In Review
Insurers sought to limit coverage for Alexion Pharmaceuticals Inc. in underlying securities claims, a proposed class of Washington Airbnb users accused the company's insurers of including undisclosed fees in their travel insurance and two Hartford units said Meta isn't owed coverage for numerous public nuisance lawsuits. Here, Law360 takes a look at the past week's top insurance news.
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November 07, 2024
Strip Mall, Insurer Agree To End Repair Payments Dispute
A Tennessee strip mall owner and its insurer agreed to bury the hatchet Thursday and resolve claims the insurance company withheld costs for building repairs via wrongful depreciation, Wisconsin federal court filings said.
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November 07, 2024
Insurance Industry Biodiversity Push Comes Down To Funds
The insurance industry could lend crucial support in preventing biodiversity loss through novel risk-sharing instruments, but its effectiveness will depend on the ability to finance coverage costs, and understand the risks to biodiversity in a variety of ecosystems.
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November 07, 2024
Firm That Took Hurricane Victim Cases Wants Out Of Fee Row
A Louisiana law firm that took over now-bankrupt Houston plaintiffs firm MMA Law's hurricane victim cases is appealing a Houston bankruptcy's court's decision not to free it from a lawsuit claiming that it cut MMA out of its share of settlement fees.
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November 07, 2024
6th Circ. To Mull CGL-Cyber Line In Home Depot Hack Fight
The Sixth Circuit's consideration of whether an electronic data exclusion relieves commercial general liability insurers for Home Depot of $50 million in data breach coverage obligations could provide some clarity on when, or if, CGL and cyber coverage overlap.
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November 06, 2024
Ga. Judge Trims Insurer's Shooting Coverage Claims
A Georgia federal judge Wednesday threw out as premature AMCO Insurance Co.'s claim asserting it has no duty to indemnify an apartment complex facing litigation after a resident was struck by multiple bullets while sleeping, but left in place its claim it has no duty to defend the complex.
Election Highlights States' Role On Insurer Climate Risks
Working together to understand climate change risks to insurers and their policyholders should be a priority for state regulators, as already limited federal initiatives to study those risks are set to decrease in a Trump administration, risk and climate experts say.
Trump Election Complicates Growing Insurance Climate Crisis
Donald Trump's election to a second term as president is a huge setback for global efforts to curb climate change, and his disregard for the environment will likely complicate efforts to better understand climate risks facing insurers and consumers, experts say.
Texas Wind Insurer's Rate Denial Spurs Funding Concerns
The Texas insurance commissioner's recent decision to deny a proposed 10% rate increase for the state's windstorm insurer of last resort has been applauded by some for prioritizing affordable coverage for policyholders, while others remain concerned about the insurer's funding and ability to pay claims.
Expert Analysis
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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Hurricane Coverage Ruling Clarifies Appraisal Scope In Fla.
In a case involving property insurance for hurricane damage, a Florida federal court recently enforced policy limits despite an appraisal award exceeding those limits, underscoring the boundaries between valuation and coverage — a distinction that provides valuable guidance for insurers handling post-catastrophe claims, says Tiffany Bustamante at Cozen O’Connor.
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4 Ways Attorneys Can Emotionally Prepare For Trial
In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.
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Presidential Campaign Errors Provide Lessons For Trial Attys
Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.
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Notable Q3 Updates In Insurance Class Actions
Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.
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How Property Insurance Coverage Shrank After The Pandemic
Insurers litigating property claims are leveraging rulings that provided relief in the COVID-19 context to reverse the former majority rule on physical loss or damage in all contexts, say attorneys at Reed Smith.
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Consider The Impact Of Election Stress On Potential Jurors
For at least the next few months, potential jurors may be working through anger and distrust stemming from the presidential election, and trial attorneys will need to assess whether those jurors are able to leave their political concerns at the door, says Ken Broda-Bahm at Persuasion Strategies.
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NC Ruling Takes Practical Approach To Duty-To-Defend Costs
In Murphy-Brown v. Ace American Insurance, a case of first impression, the North Carolina Business Court adopted the commonsense rationale of many state courts in holding that policyholders' defense costs should be deemed presumtively reasonable when a insurer breaches its duty to defend, say attorneys at McGuireWoods.
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What Hawaii High Court Got Right And Wrong In AIG Ruling
Though the Hawaii Supreme Court in its recent Aloha Petroleum v. National Union Fire Insurance decision correctly adopted the majority rule that recklessly caused harm is an accident for coverage purposes, it erred in its interpretation of the pollution exclusion by characterizing climate change as "traditional environmental pollution," say attorneys at Haynes Boone.
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7 Tips To Help Your Witness Be A Cross-Exam Heavyweight
Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.
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Key Insurance Implications Of Hawaii's Historic GHG Ruling
In Aloha Petroleum v. National Union Fire Insurance, the Hawaii Supreme Court became the first state court to classify greenhouse gasses as pollutants barred from insurance coverage, a ruling likely to be afforded great weight by courts across the country, say Scott Seaman and Gar Lauerman at Hinshaw & Culbertson.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.