Property
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December 08, 2023
Wrong Remedy Sought By Carrier In Sandy Suit, Insurer Says
A subcontractor's insurer fought carrier Affiliated FM's efforts Friday to escape the insurer's lawsuit seeking to avoid covering a contractor in an underlying suit Affiliated brought to recover $4.5 million it paid a landlord for Superstorm Sandy damages, saying the carrier is pursuing an improper legal remedy.
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December 08, 2023
Carriers Urge Pa. Justices To Flip Policyholder Pandemic Win
The insurers of a Pittsburgh dental practice told the Pennsylvania Supreme Court in an appeal Friday to recognize that, like many other plaintiffs, the dentist can't be covered for his COVID-19 losses because there was no physical damage to his office.
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December 08, 2023
Fla. Property Owner Sues Insurer For $1.2M In Ian Coverage
A Florida property owner took a QBE subsidiary to federal court over more than $1.2 million in unpaid coverage for damage caused by Hurricane Ian, alleging the insurer wrongfully refused to pay for its losses.
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December 08, 2023
Coverage Fight Over $14M Hardware Theft Dropped After Deal
A California federal court tossed a dispute between IT distribution company Synnex Corp. and Axis Insurance Co. over coverage for a nearly $14 million theft of computer hardware from Synnex's warehouse in Mexico City, after the parties told the court in October they reached a settlement.
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December 08, 2023
Insurer Can't Keep Info Secret In Ga. Church Fire Damage Suit
A Georgia federal judge shot down an insurance company's bid Friday to keep certain information confidential in a dispute over fire damage suffered by a Conyers, Georgia, church in 2022.
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December 08, 2023
Costco, Liberty Mutual Settle Slip-And-Fall Coverage Row
Costco and a Liberty Mutual unit have agreed to settle their dispute over coverage for an underlying slip-and-fall suit, resolving the retail giant's bid to have the insurer reimburse its defense and settlement costs.
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December 07, 2023
Carrier Says Reinsurer Failed To Reimburse Claims It Paid Out
An Iowa-based insurer took a Chinese reinsurance company to federal court after it "serially breached" its obligations to reimburse property insurance coverage claims paid to insured companies in energy, mining and other industries.
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December 07, 2023
Fla. Fairfield Inn Must Arbitrate Hurricane Damage Fight
A Florida federal judge ordered the owner of a Fairfield Inn in Tampa to arbitrate its hurricane damage dispute in New York with its insurers, saying the property owner's argument that arbitration unfairly favored insurers was irrelevant since the dispute involved a foreign underwriter.
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December 07, 2023
Hurricane Victim Urges Keeping Suit Over Solicitations Alive
A woman suing Houston law firm McClenny Moseley & Associates PLLC over its alleged illegal solicitation of clients after a hurricane urged the Southern District of Texas Wednesday to reject the recommendation of a federal magistrate judge and keep her proposed class action alive.
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December 07, 2023
Insurer Asks Court To Name Appraiser In Wind Damage Fight
Owners Insurance Co. asked an Alabama federal court to appoint a neutral umpire to oversee an appraisal in its more than $500,000 tornado coverage dispute with a museum association concerning wind damage to a historic Selma mansion.
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December 06, 2023
O'Connor's Measured Approach Visible In Insurance Cases
The late Justice Sandra Day O'Connor's evenhanded judicial approach hardly wavered when considering insurance cases despite their relative rarity before the high court, with her thoughtfulness shining through on issues ranging from insurance for deposits to gender-based pension plans and states' taxation of insurers.
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December 06, 2023
Nationwide, Property Owner Settle $1M Hailstorm Dispute
Nationwide and a San Antonio property owner reached an agreement in a $1 million coverage dispute over hailstorm damage, according to a notice filed Wednesday in Texas federal court.
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December 06, 2023
Liberty Mutual Says Co.'s Fees In Shipping Row Not Covered
Liberty Mutual pushed back on a Houston-based cement company's bid for an early win in their dispute over coverage for more than $738,000 in penalties resulting from a shipping mishap, arguing in Louisiana federal court that the plain language of its policy does not cover the company's fees.
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December 06, 2023
Real Estate Co. Says Insurer Won't Pay For $700K Damage
A Nebraska real estate investment company told a federal court that its insurer wrongly balked at its claims for over $700,000 in hailstorm losses despite numerous appraisals showing damage to its HVAC systems.
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December 06, 2023
National Park Roadwork Disputes Not Covered, Insurer Says
An Argo Group unit asked a Colorado federal court to declare it doesn't owe any coverage to a construction company for suits brought by its subcontractors over roadwork at a national park, arguing that the claims don't concern any property damage other than the company's own defective work.
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December 05, 2023
Geico Gets Preliminary Approval For $5.1M Ga. Settlement
A Georgia federal judge gave preliminary approval Tuesday to a $5.1 million class action settlement between Geico and its policyholders over allegations the insurer undercompensated owners of totaled vehicles by miscalculating applicable tax under Georgia law.
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December 05, 2023
Texas Landlord, AIG Unit Settle Hail Damage Coverage Row
An AIG unit reached a settlement resolving a Texas landlord's claims it wrongfully denied coverage for property damage from a June 2020 hailstorm, ending the plaintiff's bid to recover nearly $318,000 from the insurer.
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December 05, 2023
Insurer Again Asks For 11th Circ. Rehearing In Appraisal Order
An insurer again said the Eleventh Circuit was wrong to deny appeals jurisdiction in what is the carrier's third court battle aimed at preventing appraisal of 2017 Hurricane Irma damage at a Florida condo, claiming again that the court based its opinion on a flawed prior decision.
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December 05, 2023
No Building Defect Coverage For Pulte, Insurer Says
Acuity Insurance pushed back against a suit filed in New Mexico federal court by PulteGroup Inc. affiliates seeking coverage for defective construction claims, arguing that it owes nothing to the homebuilder under a policy issued to one of its subcontractors.
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December 05, 2023
Insurers Say Power Supply Co. Owes $18.7M Over Explosion
Insurers for an industrial company told an Ohio federal court that the company that installed their insured's power supply units must foot the bill for an $18.7 million "catastrophic explosion" at the insured's Alabama manufacturing facility, arguing that the power supply company's botched inspection led to the explosion.
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December 04, 2023
Judge Tight-Lipped As NYC Builders Seek COVID Coverage
A Brooklyn, New York, construction project told an Illinois state judge that its COVID-19 coverage case alleged more concrete physical harm than other cases, but the mostly silent judge ended oral arguments Monday, stating, "this is not my first exposure to this type of case."
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December 04, 2023
2nd Circ. Skeptical Of Insurer's Bid To Compel Arbitration
The Second Circuit appeared skeptical Monday of Travelers Indemnity Co.'s contention that an independent school district in Texas can be compelled to arbitrate its claims against the carrier in Connecticut on the basis of direct benefits estoppel.
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December 04, 2023
Title Insurer Settles Coverage Dispute Over Lost Land Value
A real estate company and a title insurer notified a Texas federal court that the parties finalized a settlement, ending a coverage row alleging that the company's land diminished in value and was subject to unforeseen development restrictions.
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December 04, 2023
Insurers Say RICO Suit Against Mogul Gives 'Great Detail'
A group of insurers urged a North Carolina federal court not to toss its Racketeer Influenced and Corrupt Organizations Act lawsuit against insurance mogul Greg Lindberg, saying the suit provides "great detail" to support its allegations that Lindberg and his co-conspirators engaged in a fraudulent scheme to enrich themselves.
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December 04, 2023
Liberty Mutual Trots Away From Horse Stampede Suit
A Washington federal judge tossed a couple's property damage coverage suit against Liberty Mutual Group Inc. and one of its units, finding that losses caused by their neighbors' stampeding horses were plainly excluded under the couple's policy.

Pa. Justices Reject Consolidation Of Future COVID Cases
The Supreme Court of Pennsylvania on Friday held that an Allegheny County judge — one of few to rule in favor of businesses seeking insurance coverage for losses stemming from the COVID-19 pandemic — cannot consolidate all future pandemic cases against Erie Insurance Exchange in her courtroom, ruling that she exceeded her authority in doing so.

Fla. Rulings Splinter Suit Notice Requirement Across State
Conflicting state appellate rulings in Florida may create uncertainty for property insurance policyholders and federal courts about whether a state law requiring such policyholders to notify regulators before suing their insurers applies to policies that predate the law's passage, experts say.

Tory Burch Stores Not Damaged By COVID, NJ Panel Says
A New Jersey appeals court dealt another blow Wednesday to Tory Burch LLC's pandemic coverage bid, agreeing with a lower court's ruling that the fashion retailer cannot argue that loss of revenue due to pandemic shutdowns counts as property damage or loss.
Expert Analysis
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Insurance Considerations For Cos. Assessing New AI Risks
Because no two businesses will have the same artificial intelligence risk profile, they should consider four broad risk categories as a baseline for taking a proactive approach to guarding against AI-related exposures, say attorneys at Hunton.
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AI Brings New Insurance Concerns For Healthcare Providers
As the healthcare industry increasingly invests in medical artificial intelligence tools, it confronts a variety of liability risks that necessitate careful consideration and potential recalibration of providers' insurance programs, say Marialuisa Gallozzi and Megan Mumford Myers at Covington.
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Superfund Site Reopenings Carry Insured Risk, Opportunity
The U.S. Environmental Protection Agency's reported plans to reopen certain Superfund sites citing the presence of per- and poly-fluoroalkyl substances raise notable liability concerns, but may also present unique opportunities for policyholders under the Comprehensive Environmental Response, Compensation, and Liability Act, say attorneys at Haynes and Boone.
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3 AI Regulation Developments Insurers Must Follow
Insurance regulators continue to actively develop regulations and guidance on the use of artificial intelligence, so insurers should be aware of recent developments from the Colorado Division of Insurance, the National Association of Insurance Commissioners and the New York Department of Financial Services, say attorneys at Willkie.
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DC Ruling Provides Support For Builders Risk Claim Recovery
To deny coverage for builders risk claims, insurers have been increasingly relying on two arguments, both of which have been invalidated in the recent U.S. District Court for the District of Columbia decision, South Capitol Bridgebuilders v. Lexington, say Greg Podolak and Cheryl Kozdrey at Saxe Doernberger.
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Deal Over Jets Stranded In Russia May Serve As Blueprint
In the face of a pending "mega-trial" over leased airplanes held in Russia after its invasion of Ukraine, a settlement between leading aviation lessor AerCap Holdings NV and NSK, the Russian state-controlled insurance company, could pave the way for similar deals, say Samantha Zaozirny and Timeyin Pinnick at Browne Jacobson.
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Illinois Trump Tower Ruling Illuminates Insurance 'Occurrence'
In Continental Casualty v. 401 North Wabash Venture, an Illinois appellate court found that Trump Tower was not entitled to insurance coverage for operating its HVAC system without a permit, helping to further define a widely litigated general liability insurance issue — what constitutes an "occurrence," say Robert Tugander and Greg Mann at Rivkin Radler.
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How Shareholder Activists Are Targeting Insurers
As shareholder activists take a closer look at the insurance industry, they are pushing insurers to take value-enhancing and climate-related measures — but insurers can prepare by anticipating activist concerns, maintaining robust shareholder engagement, and considering changes in response to the universal proxy rules, say attorneys at Debevoise.
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Insurers Should Prepare For 'Black Swan' Climate Disasters
As rapid climate change results in increased risk of casualties and property loss from rare, severe weather events, the insurance industry should take five crucial steps toward evolving and continuing operations, including advanced analytic techniques and investments in alternative energy sources, say Stephen Brown and Irena Maier at Wilson Elser.
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3 Quirks Of New Jersey Insurance Coverage Law
There are a multitude of state-specific requirements and nuances that make New Jersey insurance law unique, including in the areas of duty to defend, reservation of rights and bad faith, say attorneys at Goldberg Segalla.
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Conn. Insurers Should Note Stricter Market Exit Oversight
The Connecticut Insurance Department recently issued a bulletin that reflects a unique and stricter approach to insurers' market withdrawals and reductions in property and casualty business, making clear that it will not assess compliance based on an insurer's intent, but on the effect of the insurer's actions, says Elizabeth Retersdorf at Day Pitney.
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Extreme Weather And Renewable Project Insurance Coverage
Excerpt from Practical Guidance
The regularity and severity of extreme weather events driven by climate change are putting renewable energy projects increasingly at risk — so project owners, contractors and investors should understand the issues that can arise in these situations when seeking recovery under a builder's risk insurance policy, say Paul Ferland and Joshua Tumen at Cozen O'Connor.
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Potential Relief For Nevada Insureds Is On The Horizon
A proposed regulation recently issued by the Nevada Division of Insurance would severely restrict the state's new law prohibiting burning-limits policies, enacting welcome changes to address businesses' concerns that the law will make it harder to obtain cost-effective liability insurance, says Sheri Thome at Wilson Elser.