Property
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March 13, 2025
Fla. Condo Says Insurers Unfairly Handled Hurricane Claim
A Pensacola Beach condominium complex told a Florida federal court that it is entitled to recover attorney fees and other costs associated with what it alleged was its insurers' failures to fairly handle its claim for Hurricane Sally damage.
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March 13, 2025
Canada's New PM Seen As Leader Conscious Of Climate Risk
As the former central banker Mark Carney assumes leadership over Canada's government, experts are pointing to his comments on climate change risks to insurers as a watershed moment in appreciating the financial risks of a warming planet.
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March 13, 2025
State Farm Hit With Hail Damage Coverage Suit
A married couple accused State Farm Fire and Casualty Co. in Ohio federal court of wrongfully denying coverage after their home was damaged by wind and a hailstorm.
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March 13, 2025
Meet The State Rep. Working To Bring Firearm Insurance To Ill.
As state and local governments consider the ways in which insurance can be used to regulate firearm use, Rep. Bob Morgan is leading the charge in Illinois, creating a task force to bring insurance experts and other related leaders together to formulate liability insurance for firearm owners. Here, Law360 speaks with Morgan as he works to discover whether a stand-alone policy or special endorsement can be used by individuals to promote safer firearm practices within the state.
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March 13, 2025
Insurance Litigation Week In Review
Progressive's $48 million settlement for underpaying New York drivers was finalized, insurers escaped covering opioid litigation and claims, Viacom and National Amusements Inc. got to continue their quests for coverage of shareholder litigation, and California state legislators discussed insurance rates after the wildfires.
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March 12, 2025
Insurance Pros Urge Calif. Lawmakers To Address Fire Risks
Insurance experts in a committee hearing that largely summed up concerns following the Los Angeles fires urged California lawmakers on Wednesday to address rising physical risks, smoke damage complaints, and regulations meant to expand coverage access.
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March 12, 2025
Construction Co. Must Face Insurer's $7M Iron Plant Fire Suit
A construction company can't avoid an AIG unit's $7 million subrogation suit over a fire at an iron processing plant, a Texas federal court ruled, saying the insurer sufficiently stated a claim for negligence.
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March 11, 2025
La. Eatery Must Litigate Hurricane Coverage Under NY Law
A New Orleans restaurant must litigate its hurricane damage claims against its insurer under New York law, a New York federal judge ruled Tuesday, rejecting the restaurant's position that Louisiana law must apply instead despite the policy's New York choice-of-law and forum selection provision.
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March 10, 2025
4th Circ. Reverses $10M Coverage Cap For Aluminum Co.
The Fourth Circuit on Monday reversed a lower court's ruling capping an aluminum supplier's total recovery for losses related to a fire at $10 million, saying a molten material endorsement in the company's all-risk policies is ambiguous.
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March 07, 2025
Condo Says Insurer Is Delaying $2M Hidden Damage Claim
A condo owners association told a Washington federal court that its insurer is deliberately delaying investigation and payment of its claim for over $2 million in hidden rain damage to its Seattle property, saying the carrier is trying to run out the limitations period in its policies.
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March 07, 2025
False Policy Info Tanks Property Owner's Coverage Suit
A New York federal judge ruled that an insurer doesn't have to cover a property owner and manager embroiled in a dispute with Vrbo tenants who fell through the balcony of a South Carolina condo, because the owner lied to the carrier and said it didn't offer short-term rentals.
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March 06, 2025
Federal Insurance Monitor In Crosshairs Amid Executive Cuts
Republicans on the state and federal level are targeting the U.S. Department of the Treasury's insurance monitor amid President Donald Trump's effort to drastically reduce the size of the federal workforce across many departments, putting the future of the monitor and its work in doubt.
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March 06, 2025
Fla. Report Draws Serious Accusations Of Insurer Misconduct
A Florida analysis showing that carriers in the state were reporting millions in income losses while affiliated companies were earning billions is helping to reveal a long-standing pattern of insurer misconduct, according to consumer advocates.
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March 06, 2025
Insurer's 9th Circ. Procedural Win Highlights Appraisal Rules
A Ninth Circuit panel affirmed that a property owner could not litigate its insurer's failure to pay for losses before a required appraisal to resolve disagreements, highlighting the importance of appraisal provisions and how they could limit potential policyholder challenges. Here, Law360 speaks to Colin Kemp, an insurance recovery attorney for Pillsbury Winthrop Shaw Pittman LLP, about Mount Vernon Specialty Insurance Co.'s procedural victory and its implications for coverage challenges.
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March 06, 2025
Experts Stress FAIR Tweaks After NM Proposes Fire Insurance
The announcement of a study looking into the creation of a state-sponsored fire insurance program in New Mexico outlined steps the state is taking toward enhancing its insurance market while underscoring the need for changes to the state's Fair Access to Insurance Requirements Plan and mitigation practices, experts say.
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March 06, 2025
Cobalt Miner Gets OK For Debt-For-Equity Swap Ch. 11 Plan
A Texas bankruptcy judge Thursday approved the reorganization plan of Australia-based cobalt mining and refining group Jervois Mining Ltd., overruling a shareholder objection about the case's speed and U.S. ties.
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March 06, 2025
Insurance Litigation Week In Review
Colorado's last-resort property insurer partnered with an artificial intelligence company, a Hawaii federal court admonished insurers for not complying with an arbitration order, a New York federal judge found reasonable contract interpretations on both sides of an insurance dispute and a Delaware judge sent a coverage battle to trial. Here, Law360 takes a look at this week's top insurance news.
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March 06, 2025
Fla. Coverage Bill Could Add Pressure To Struggling Condos
A Florida bill that would require condominium associations to comply with building safety laws or risk their last-resort insurance option is well-intentioned, but could result in a slew of negative consequences for condo owners, insurance experts say.
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March 05, 2025
Wash. Justices Won't Take Up Pemco's Fire Coverage Appeal
The Washington Supreme Court won't review a lower court's ruling that Pemco Mutual Insurance Co. must cover a woman's claim for fire damage to her former home after she was assaulted and set ablaze there by her ex-husband.
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March 05, 2025
Colorado's Last-Resort Insurer Partners With AI Analytics Co.
Colorado's last-resort insurer has partnered with risk modeling company ZestyAI in an effort to improve insurance access for homeowners through the use of artificial intelligence-powered models for heightened climate risks, the company said Wednesday.
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March 05, 2025
Goldberg Segalla Brings On Insurance Pro From Connell Foley
Goldberg Segalla grew its New Jersey presence this week with a former of counsel at Connell Foley LLP specializing in insurance litigation and bringing in-house experience from Cure Auto Insurance.
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March 04, 2025
Insurer Can't Escape Fla. Condo's Hurricane Damage Dispute
An insurer can't escape a Florida condominium association's suit seeking coverage for property damage caused by a September 2020 hurricane, a New York federal court ruled, saying the association's update of a preexisting elevator replacement bid in light of storm damage was not clearly fraudulent conduct or misrepresentation.
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March 04, 2025
Puerto Rico Cruise Port Says Insurer Must Cover Pier Damage
A San Juan cruise port operator said its Hartford insurer wrongfully denied coverage for damage to one of its piers after a cruise ship collided with the structure, telling a Puerto Rico federal court Tuesday that exclusions and clauses cited by the carrier were either inapplicable or misinterpreted.
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March 03, 2025
Insurers Must Proceed With Arbitrating $40M Resort Dispute
A Hawaii federal judge scolded a group of foreign and domestic insurers for ignoring his order to arbitrate a claim for at least $40 million in storm losses at two resorts, saying his ruling "was not advisory."
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March 03, 2025
Jet Co. Says Insurer Can't Modify Airport Damage Appraisal
A private jet charter company said a Liberty Mutual unit underpaid its claim for property damage to airport facilities following a March 2023 storm, telling a Kentucky federal court that the insurer is now seeking to unlawfully modify an ongoing appraisal of the claimed loss.
Expert Analysis
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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LA Wildfires' Effect On Calif. Insurer Of Last Resort
Attorneys at Willkie discuss the background of California's insurer of last resort — known as the Fair Access to Insurance Requirements Plan — and examine the process of assessing member insurers and relevant recent property insurance market developments in light of the destruction from the ongoing Los Angeles wildfires.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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4 Property Insurance Action Steps For LA Policyholders
Property insurance will play a vital role in rebuilding the areas affected by the Los Angeles wildfires, and policyholders should be aware of key aspects of that coverage in order to maximize their insurance recovery, say attorneys at Cohen Ziffer.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.