Property
-
April 23, 2025
9th Circ. Asked To Modify Ruling In LA Port Co. Coverage Row
A Los Angeles port operator's insurer asked a three-judge panel in the Ninth Circuit to rethink part of its decision ordering a jury trial on the amount of defense costs the operator incurred while litigating pollution claims brought by the city, arguing they improperly relied on a depublished decision.
-
April 21, 2025
Real Estate Co.'s $1.9M Title Insurance Suit Gets Tossed
A real estate company could not show that its suit seeking $1.9 million in coverage for a title defect that limited access to its San Diego industrial property belonged in federal court, a California judge found Monday, tossing the case.
-
April 21, 2025
Justices Nix Appraiser's Petition Seeking Arbitral Immunity
An insurance appraiser failed Monday to get the U.S. Supreme Court to define what "arbitration" actually means under the Federal Arbitration Act, seeking immunity after a Colorado state jury found he fraudulently inflated a $1.6 million appraisal award against a Travelers unit that was ultimately vacated.
-
April 21, 2025
Calif. Homeowners Say Insurers Colluded To Limit Coverage
California property owners affected by the Los Angeles wildfires accused over 300 insurers of conspiring to eliminate competition in the marketplace, forcing consumers to instead obtain fire insurance from the state's insurer of last resort, according to two lawsuits filed in state court.
-
April 18, 2025
Zurich Stuck With $12.2M Solar Farm Verdict, Judge Rules
A Georgia federal judge has shot down Zurich American Insurance Co.'s bid to escape a $12.2 million judgment that followed a January trial where a jury found the insurer shortchanged a Peach State solar farm's claim for storm damage.
-
April 17, 2025
Colo. FAIR Plan Gives Policyholders Options At A Cost
Colorado launched the country's first new Fair Access to Insurance Requirements, or FAIR, Plan in 40 years to offer residents another tool in an increasingly challenging wildfire, hail and wind market, but experts emphasized that this limited form of coverage is not intended to address affordability concerns.
-
April 17, 2025
Colo. Insurance Bills Offer Promise But Uncertain Costs
Colorado lawmakers are contemplating insurance bills that experts say could help improve the state's market by boosting home resilience, but there are still cost concerns and skepticism that other proposals are workable, like a state reinsurance program.
-
April 17, 2025
Insurance Litigation Week In Review
Auto insurers can't shake feds' "forced coverage" claims, the Suquamish Tribe asks the U.S. Supreme Court not to weigh in on its COVID-19 coverage case, saying its court has jurisdiction, IBM wants coverage for $900 million in environmental expenses and Consumer Watchdog sues California's insurance chief over proposed post-wildfire insurance surcharges.
-
April 17, 2025
General Aviation Insurance Stays Steady Through Turbulence
The general aviation and airline insurance industry remains steady despite supply-chain concerns and a rise in accident rates. Here, Philip Stafford, a senior partner in Gallagher's aerospace division, shares his thoughts on the current state of this sector with Law360.
-
April 17, 2025
Insurance Regulators Urged To Address Climate Change Risks
Insurance regulators must strengthen their understanding of the threats posed by climate change and better consider how those risks will shape the stability of the sector, a group of international regulators said in a report.
-
April 16, 2025
Texas Oil Cos. Seek Pass-Through Pollution Claims Coverage
Oil and gas companies told a Texas federal court on Wednesday that their insurer must pay to defend them against pass-through claims in connection with underlying pollution lawsuits thanks to a purchase and sale agreement they entered into with another company.
-
April 16, 2025
Justices Urged To Deny Insurers' Tribal Jurisdiction Challenge
The Suquamish Tribe told the U.S. Supreme Court it shouldn't hear a group of insurers' bid to litigate COVID-19-related property insurance claims outside tribal court, arguing the Ninth Circuit correctly held that the insurers' coverage of tribal property sufficiently established tribal jurisdiction.
-
April 15, 2025
La. Parish Still Wants 5th Circ. To Remand Insurance Case
A Louisiana parish has again urged the Fifth Circuit to send its dispute over coverage for property damage caused by a pair of hurricanes back to district court, saying "everyone agrees" that the lower court made a procedural misstep that was subsequently wrongly appealed.
-
April 15, 2025
Massive Calif. Fire Assessment Pass-Through Sparks Suit
Public interest nonprofit Consumer Watchdog sued California's insurance chief in Los Angeles Superior Court on Monday to stop him from allowing insurance companies to offset hundreds of millions of dollars in assessment costs as surcharges onto policyholders, claiming the decision was made without any public input, in violation of the state's Administrative Procedure Act.
-
April 15, 2025
Insurer Denies Coverage For Short Seller Cohodes' Libel Case
Short seller Marc Cohodes, who was accused by a financial advisory firm of causing $5 million in reputational damage via libelous posts on X, cannot have coverage for the litigation, an insurer told a Montana federal court, noting that his homeowners policy excluded intentional wrongdoing.
-
April 14, 2025
Allianz Unit Challenges Augusta Golf Club's $2.4M Award
Allianz SE subsidiary Fireman's Fund Insurance Co. on Friday asked a federal judge to strike down a $2.4 million storm damage appraisal in favor of an Augusta, Georgia, golf club that the insurer said goes far beyond what it agreed to cover.
-
April 14, 2025
Conn. Justice Hints Lapsed Policy Row Should Go Before Jury
A jury may need to decide whether a Connecticut insurance agency was duty-bound to tell a couple that their homeowners policy was not renewed ahead of a ruinous fire, a justice of the state's Supreme Court signaled Monday.
-
April 14, 2025
1st Circ. Can't Hear Class Suit Coverage Row, Oil Co. Says
A heating oil company urged the First Circuit to toss an appeal its insurers filed following a ruling that they must continue defending the company and several executives in a class action over alleged damage caused by oil containing elevated levels of biodiesel, saying the court doesn't currently have jurisdiction.
-
April 11, 2025
Insurers Allowed To End Chemical Explosion Coverage Suit
Insurers were allowed Friday to dismiss their case in Texas federal court against Team Industrial Services Inc. seeking to disclaim coverage for underlying suits filed against the company in connection with injuries from a 2021 explosion at a chemical plant.
-
April 11, 2025
Lloyd's Sues Aramark To Recoup $5M Payout To NJ University
Lloyd's London has sued Aramark to recoup a $5 million payout the insurer made on a policy held by a New Jersey university, alleging the facilities management company was responsible for water damage to one of the college's properties in Jersey City.
-
April 11, 2025
2nd Circ. Tosses Mid-Case Appeal In Asbestos Coverage Row
A Second Circuit panel dismissed on Friday a mid-case appeal in a dispute over coverage for hundreds of asbestos-related lawsuits, saying that resolving certified questions, including whether an insurer must defend a suit that doesn't name its policyholder, won't substantially advance the litigation.
-
April 11, 2025
Liberty Mutual Unit Beats Suit Seeking Bigger Fire Payout
Ohio's law governing total loss insurance coverage does not necessarily mandate that insurers pay out the maximum policy limit, according to a new order from a Buckeye State federal judge granting a Liberty Mutual subsidiary a victory over claims brought by a woman seeking a larger payout for her burned property.
-
April 11, 2025
Outlet Chain Says NC Court Ruling Allows COVID Coverage
A retail outlet chain asked a North Carolina state court to find it had coverage for more than $50 million in pandemic losses, citing a recent state Supreme Court ruling holding that the insuring phrase "direct physical loss" included loss of property use due to COVID-19 public health orders.
-
April 11, 2025
Mercedes Settles Fire Coverage Dispute With Insurer
The insurer of an Ann Arbor, Michigan, property has settled a dispute over whether its policy covered more than $1 million in damages stemming from a vehicle fire at a facility leased by Mercedes-Benz's North American research arm, according to a federal court order dismissing the case Friday.
-
April 10, 2025
Calif. FAIR Plan Denying Wildfire Smoke Coverage, Suit Says
California's "insurer of last resort" has been illegally underpaying or denying smoke damage coverage to homeowners affected by January's Los Angeles-area wildfires, leaving property owners with uninhabitable homes and at risk of serious health issues related to toxin exposure, homeowners alleged in a complaint filed Thursday in California state court.
Expert Analysis
-
Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
-
Navigating Mortgage Insurance Provisions After LA Fires
As homeowners affected by the Los Angeles wildfires consider rebuilding, mortgage lenders and servicers must negotiate the complex intersection between the standard deed of trust and property insurance, says Heather Wright at Buchalter.
-
Year Of The Snake Will Shake Up RE And Mortgage Finance
The year ahead may bring profound transformation and opportunities for growth in the real estate and mortgage finance sectors, with significant issues including policy battles and questions surrounding the future of Fannie Mae and Freddie Mac, says Marty Green at Polunsky Beitel.
-
5 Argument Techniques For Policyholder Advocates
Winning insurance coverage disputes often comes down to who has articulated the more compelling interpretation of the relevant policy language, which is why the best policyholder advocates come back to certain tried and true argument approaches, says Greg Van Houten at Haynes Boone.
-
Improving Comms Between Trial Attys And Tech Witnesses
In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.
-
A View Of The Shifting Insurance Regulatory Landscape
Attorneys at Eversheds Sutherland explore how the Federal Insurance Office's climate report, the new presidential administration and the California wildfires might affect the insurance regulatory landscape.
-
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
-
Illuminating The Trend Of Florida's Unpaid Hurricane Claims
The sheer number of insurance claims closed without payment for damage caused by Hurricanes Milton and Helene reveals a systemic problem within Florida's insurance industry exacerbated by complex issues, including climate change and state regulators' resource limitations, say attorneys at Farah & Farah.
-
Top Considerations For Insurance Companies In 2025
As insurance industry participants look to plan for the year, regulatory changes, climate-related challenges, the ongoing effects of social inflation and the potential for significant mergers and acquisitions will be among the key items for insurer boards and management to have on their radar, say attorneys at Debevoise.
-
What Public View Of CEO's Killing Means For Corporate Trials
Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.
-
The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
-
Insurance Considerations For LA Wildfire Recovery
Businesses and homeowners affected by the destructive Southern California wildfires must act swiftly and strategically to navigate the complexities of the insurance recovery process, including by identifying all applicable policies, documenting damage thoroughly and keeping abreast of relevant state law, say attorneys at Morgan Lewis.
-
Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.