Property
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October 02, 2025
Special Arbitration Option Offers Relief Amid Nuclear Verdicts
Rising jury verdict values continue to put pressure on excess liability programs, but with many of these policies involving what is known as a Bermuda Form, carriers have found an alternative to the American jury system. Here, policyholder attorney Allan Moore of Covington & Burling LLP breaks down what role this method of confidential arbitration plays in the current insurance landscape.
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October 02, 2025
Insurance Litigation Week In Review
A Colorado court found that an insurer does not have to cover a $13.4 million construction settlement because it was reached through collusion, an Illinois judge partly reversed a ruling granting biometric privacy claim coverage, and a Liberty Mutual unit escaped a dispute over the valuation of life settlement contracts. Here, Law360 reviews the past week's top developments in insurance litigation.
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October 01, 2025
Chubb Can't Yet Arbitrate La. Casino Owner's COVID Losses
A Louisiana federal court has temporarily barred a Bermuda-based Chubb unit from pursuing arbitration proceedings in England in a dispute with a hospitality and entertainment company over coverage for pandemic-related losses at its U.S. properties.
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October 01, 2025
Travelers Unit Owes $3M In Apartment Defect Settlement
A Travelers unit owes $3 million to cover the bulk of a subcontractor's $4.5 million settlement over botched work at a Clemson University student housing development, a Georgia federal court ruled, finding the subcontractor's primary carrier responsible for only $1 million under a single policy period.
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September 30, 2025
Wash. University Can't Get COVID-19 Insurance Suit Revived
A Washington appellate panel has affirmed a state university's defeat in a lawsuit seeking insurance coverage for $63 million in business losses from a COVID-induced shutdown, concluding on Tuesday that the pandemic didn't amount to property damage covered under an all-risk policy.
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September 30, 2025
NY Court Ends $2.5M Bid In West Point Project Fight
A New York federal judge on Tuesday rejected a subcontractor's attempt to recover $2.5 million for construction work on a West Point Military Academy renovation, finding the company's claims are barred under state law because it never submitted written notices of dispute.
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September 30, 2025
'Collusion' Forecloses Coverage For $13M Deal, Judge Says
A construction company's insurer has no duty to cover a roughly $13.4 million settlement the company reached with a residential community's manager over claims that it performed faulty repair work for hail damage, a Colorado federal court ruled, finding the settlement resulted from "collusion."
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September 29, 2025
State Farm Class Action Over Car Payouts Narrowed
An Illinois federal court on Monday significantly cut a proposed class action accusing State Farm of systematically undervaluing policyholders' claims for totaled vehicles, but left intact the policyholders' claims for unjust enrichment.
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September 29, 2025
Wealth Mgmt. Firm Says Insurer Omitted Essential Parties
A wealth management firm and its CEO told a Tennessee federal court that its professional liability insurer failed to include other insurers and an insurance agency in coverage litigation over underlying arbitration claims totaling roughly $7 million, arguing it faces conflicting coverage positions from its carriers.
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September 29, 2025
Liberty Units Seek Toss Of Auto Co.'s Runoff Settlement Suit
Liberty Mutual units urged a Texas federal court to toss an automobile auction company's suit accusing them of failing to indemnify a settlement over stormwater runoff claims, saying the question of breach cannot be answered until a related suit determines whether the insurers had any duty to indemnify.
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September 26, 2025
Court Erases $187M Hurricane Damage Appraisal Award
A Florida federal court invalidated a $187 million appraisal award that a group of homeowners associations won against their insurers over damage related to Hurricane Sally in 2020, finding that the group's chosen appraiser "never stated the 'amount of loss'" to the property.
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September 25, 2025
NAIC's AI Leader Focuses On External Data, Third Parties
The use of artificial intelligence use in the insurance industry has grown in prevalence and scope in recent years, and regulators are coordinating their efforts to keep pace. Doug Ommen, vice chair of the National Association of Insurance Commissioners' Big Data and Artificial Intelligence working group, spoke to Law360 about the committee's focus on consumer privacy, third-party data and an Al systems evaluation tool.
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September 25, 2025
Growing Underwriting Losses No Surprise To Insurance Pros
Commercial auto insurance continues to struggle, generating an underwriting loss for the 14th consecutive year, according to a recent report by credit rating agency AM Best, an outcome that was unsurprising to insurance experts as the line grapples with long-standing open claims, social inflation and why physical damage losses remain profitable.
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September 25, 2025
6th Circ. Backs Rock Singer's Win In Arson Coverage Dispute
The Sixth Circuit on Thursday affirmed that rock singer John Falls can still recoup a portion of the $2.5 million that a Hanover Insurance unit was ordered to pay for music equipment that was lost in an arson at a House of Blues recording studio.
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September 25, 2025
Insurance Litigation Week In Review
A New York federal court issued a no-coverage decision over a $3.3 million fraud scheme, a judge said much of a seafood wholesaler's hurricane coverage claims should go to a jury and Connecticut's justices considered whether an unjust enrichment claim could lead to double recovery of auto insurance benefits. Here, Law360 takes a look at the past week's top insurance news.
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September 24, 2025
9th Circ. Says Insurer's Removal Effort Was Reasonable
An insurer for a residential property owner had a reasonable basis to try to remove its coverage dispute over underlying shooting claims to Washington federal court, the Ninth Circuit ruled Wednesday, noting the owner even failed to identify the citizenship of all its members and partners.
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September 24, 2025
Chubb Unit Says HVAC Co. Owes $2.5M For Conn. House Fire
An HVAC company is responsible for more than $2.5 million in damage caused by a Christmas Day fire at a Connecticut home, a Chubb unit told a federal court, saying the company's work on a humidifier caused the blaze.
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September 24, 2025
Marsh US Real Estate Leader On Insurance Landscape
Commercial real estate companies, squeezed by higher interest rates in recent years, have also seen a dramatic increase in insurance premiums. Duncan C. Ellis, who leads Marsh's U.S. and Canada real estate and hospitality practice, spoke to Law360 Real Estate Authority about what's behind the trends in commercial real estate insurance.
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September 23, 2025
5th Circ. Clears Tugboat Firm In Barge Sinking Dispute
The Fifth Circuit on Monday said a lower court did not err in finding that a marine transportation services company wasn't liable for all claims arising from a June 2022 capsizing and sinking of a barge, saying that the barge's structure made it unseaworthy.
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September 23, 2025
Law Firms Sued Over La. Hurricane Claim Fee Scheme
Two law firms and certain attorneys engaged in a scheme to "grossly and blatantly" inflate damages estimates for hurricane-related property insurance claims in order to "collect an exorbitant fee which they would all share," a group of seven Louisiana residents told a Louisiana federal court.
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September 23, 2025
Insurers Say Marine Cos. Owe $1.8M For Cargo Collapse
Marine engineering, logistics and surveying companies are on the hook for nearly $1.8 million after a government contractor's equipment was damaged during transit from Washington to Hawaii, insurers for the contractor told a Washington federal court.
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September 23, 2025
Insurer Says REIT Won't Return Overpayment For Fire Damage
A commercial real estate insurance provider sued an affiliate of Revere Capital Corp. in Mississippi federal court, alleging the policyholder was overpaid for fire damage at an apartment complex and has refused to return the overpayment.
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September 22, 2025
Homeowners Want Allstate Denied Exit In 'Dead' Expert Case
A couple is fighting to continue their homeowner water damage coverage claims in Texas federal court against Allstate, in a case brought by a Houston lawyer accused of presenting testimony from a dead expert witness in the case.
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September 22, 2025
Jury Must Decide Much Of Ida Coverage Row, Judge Says
Travelers Property Casualty Co. of America can't secure a pre-trial win over much of a seafood wholesaler's loss claims from Hurricane Ida, a Louisiana federal court ruled Monday, finding the insurer's reading of an "extended business income" provision in the wholesaler's property policy rendered it "functionally meaningless."
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September 22, 2025
McDonald's, UK Insurer Entity To End $5.5M Coverage Fight
McDonald's and a London-based insurer entity formally asked an Illinois federal court to terminate their dispute over the fast-food chain's claim for more than $5.5 million in outstanding coverage for property damage stemming from a high-speed vehicle crash.

NFIP Lapse Threatens Home Sales, Hurricane Protections
Thousands of home sales could be delayed or canceled as a result of the National Flood Insurance Program lapsing under the government shutdown, and homeowners could potentially be left without coverage during hurricane season, experts say.

Roundup: Insurance Highlights At Climate Week NYC 2025
Politicians and business leaders at this year’s Climate Week in New York City are emphasizing that climate change is posing huge challenges for people struggling with high insurance premiums, but opportunity still exists for the industry in a green transition. Here, Law360 looks at just a few of the happenings this year at the weeklong conference.

Homeowner Policies At Center Of Ga. Insurance Changes
As the Georgia House of Representatives continues to study the state's insurance rate-setting practices, profit margins and claims processing, insurance attorneys in the state evaluate the areas in which homeowners should be watching closely, including cosmetic exclusion triggers, third-party adjusters and the changes to come under April's tort reform legislation.
Expert Analysis
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Looking Beyond Property Damages For Wildfire Survivors
Personal injury attorneys seeking compensation for victims of wildfires like those in Los Angeles County must carefully apply a multidisciplinary approach that looks beyond obvious property loss to the full spectrum of damages, considering factors like emotional distress, disruption of community and the psychological toll of displacement, says Farid Yaghoubtil at Downtown L.A. Law Group.
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Demystifying Generative AI For The Modern Juror
In cases alleging that the training of artificial intelligence tools violated copyright laws, successful outcomes may hinge in part on the litigator's ability to clearly present AI concepts through a persuasive narrative that connects with ordinary jurors, say Liz Babbitt at IMS Legal Strategies and Devon Madon at GlobalLogic.
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How New Rule On Illustrative Aids Is Faring In Federal Courts
In the 10 months since new standards were codified for illustrative aids in federal trials, courts have already begun to clarify the rule's application in different contexts and the rule's boundaries, say attorneys at Bernstein Litowitz.
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'Occurrence' Lessons From Policyholder's COVID Ruling Win
The Minnesota Court of Appeals recently handed policyholders an important win in Life Time v. Zurich American Insurance, reversing a trial court ruling that had capped coverage under a communicable disease endorsement at a single occurrence, showing the importance of fact-specific inquiry, say attorneys at Hunton.
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Strategies To Get The Most Out Of A Mock Jury Exercise
A Florida federal jury’s recent $329 million verdict against Tesla over a fatal crash demonstrates how jurors’ perceptions of nuanced facts can make or break a case, and why attorneys must maximize the potential of their mock jury exercises to pinpoint the best trial strategy, says Jennifer Catero at Snell & Wilmer.
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Notable Developments At The NAIC Summer Meeting
Attorneys at Debevoise discuss their top takeaways from the National Association of Insurance Commissioners summer meeting last month, including developments on risk-based capital requirements and the evolving use of artificial intelligence in insurance practices.
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Avoiding Unforced Evidentiary Errors At Trial
To avoid self-inflicted missteps at trial, lawyers must plan their evidentiary strategy as early as their claims and defenses, with an eye toward some of the more common pitfalls, says Nate Sabri at Perkins Coie.
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Resilience Planning Is New Key To Corporate Sustainability
While the current wave of deregulation may reduce government enforcement related to climate issues, businesses still need to evaluate how climate volatility may affect their operations and create new legal risks — making the apolitical concept of resilience increasingly important for companies, says J. Michael Showalter at ArentFox Schiff.
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When AI Denies, Insurance Bad Faith Claims May Follow
Two recent rulings from Minnesota and Kentucky federal courts signal that past statements about claims-handling practices may leave insurers using artificial intelligence programs in claims administration vulnerable to suits alleging bad faith and unfair trade practices, say attorneys at Cozen O'Connor.
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Key Insurance Coverage Considerations For AI Data Centers
The burgeoning artificial intelligence industry has sparked a surge in data center projects — a trend likely to be accelerated by the White House's AI Action Plan — but with these complex facilities come equally complex risks, engendering important insurance coverage considerations, say attorneys at Morgan Lewis.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven decisions pertaining to attorney fees in class action settlements, the predominance requirement in automobile insurance cases, how the no mootness exception applies if the named plaintiff is potentially subject to a strong individual defense, and more.
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5 Key Steps To Prepare For Oral Arguments
Whether presenting oral arguments before the U.S. Supreme Court or a local county judge, effective preparation includes the same essential ingredients, from organizing arguments in blocks to maximizing the potential of mock exercises, says Allison Rocker at Baker McKenzie.
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Maryland High Court Ruling Clarifies Claim Assignment
In its recent opinion in Featherfall Restoration, the Maryland Supreme Court reemphasized a policyholder's ability to assign a claim despite the presence of general liability policy language requiring an insurer's written consent, nevertheless highlighting the importance of specific wording, say attorneys at Bradley Arant.