Property

  • January 30, 2025

    3-Year Rule Repeal In La. Shifts Risk To Policyholders

    A new year brings legislative changes and Louisiana was no exception after Gov. Jeff Landry approved a bill repealing the state's "three-year rule," a move intended to increase insurance competition in the Pelican State that left experts split over whether carriers will be awarded flexibility at homeowners' expense.

  • January 30, 2025

    Crypto Cos. Seek $6.3M From Travelers Over Building Fire

    A pair of cryptocurrency mining companies accused two Travelers units of exacerbating their fire loss, telling a Michigan federal court that they negligently allowed individuals to steal their mining machines and hired a debris removal contractor that caused the property to collapse, seeking more than $6.3 million in damages.

  • January 30, 2025

    Mass. High Court Backs Insurers' Lost Resale Value Exclusion

    Language in Massachusetts auto insurance policies limiting coverage to "tangible losses" lets MAPFRE Insurance subsidiary Commerce and other companies off the hook for claims based on lost resale value after an accident, the state's highest court said on Thursday.

  • January 30, 2025

    Insurance Litigation Week In Review

    An environmental remediation company must cover Anadarko Petroleum Corp. in a decade-old kickback suit, a Zurich insurer owes $12.2 million to a solar energy company for rain damage and the Baylor College of Medicine can't recover a $12 million award for its pandemic-related losses. Here, Law360 takes a look at the past week's top insurance news.

  • January 29, 2025

    Senate Banking Committee Forms NFIP Working Group

    With the National Flood Insurance Program's authorization set to expire in March, the U.S. Senate Committee on Banking has formed a working group to reform the program and work toward long-term reauthorization, a press release from committee chairman and South Carolina Republican Sen. Tim Scott said.

  • January 29, 2025

    Zurich Unit Says Bissell Subsidiary's Faulty Fan Caused Fire

    A Zurich unit is seeking to recoup over $450,000 paid in connection with a fire that incurred over $2 million in damages allegedly caused by a defective fan sold by a Bissell Homecare Inc. subsidiary, according to a suit removed to Oregon federal court.

  • January 28, 2025

    Texas Panel Wipes Baylor's $12M COVID Insurance Verdict

    An appellate panel wiped a $12 million jury verdict in favor of Baylor College of Medicine on Tuesday, writing that it was joining "the vast majority of courts" in ruling that the university's insurance policy didn't cover COVID-19 losses.

  • January 27, 2025

    Pa. Social Club Can't Revive COVID-19 Coverage Suit

    The Pennsylvania Superior Court on Monday backed the dismissal of a Scranton social club's suit seeking to recover pandemic-related losses, citing the state high court's landmark ruling last year that physical loss or damage requires tangible alteration to property.

  • January 27, 2025

    Zurich Owes Solar Co. $12.2M For Rain Damage, Judge Says

    Zurich American Insurance Co. owes over $12.2 million to a solar energy company for damages from heavy rainstorms at a 2,000-acre solar farm, a Georgia federal court ruled after a jury found the insurer liable for additional costs related to the rain events.

  • January 24, 2025

    Fla. Judge Splits Trial In Case Over DJ's Elevator Injuries

    A Florida federal judge Friday bifurcated a trial between two insurance carriers and an elevator company that settled a Miami D.J.'s $5.5 million injury lawsuit, ruling that excess coverage claims will be tried first, with bad faith claims being tried after.

  • January 24, 2025

    Aircraft Leasing Co. Battles Insurer's Bid To Strike Witnesses

    Aircraft leasing company Avmax is fighting an attempt by HDI Global to strike witnesses Avmax has in its suit over coverage of airplanes stranded in Russia, arguing that the insurer can't claim prejudice when it has four months before trial to speak to the witnesses.

  • January 23, 2025

    State-Backed Cyberattacks Highlight Coverage Challenges

    A spate of reported state-affiliated cyberattacks on government agencies, telecommunications companies and third-party vendors is drawing the attention of companies and placing greater importance on the increasingly uncertain insurance coverage options available in the wake of an attack.

  • January 23, 2025

    Fed. Climate Insurance Report Confirms Crises, Need For Info

    A new U.S. Treasury report analyzing climate risks and rising insurance costs is one of the most comprehensive studies of the U.S. homeowners market to date, but leaves out key data that could help inform a fuller understanding of the forces shaping the market.

  • January 23, 2025

    Fla. Insurer Tries To Toss Suit Blaming It For Black Mold Death

    A Sunshine State insurer accused of wrongfully causing the death of a woman who died from black mold contamination after it didn't send a promised team to her home to fix hurricane damage has urged a Florida judge to dismiss the suit, calling it a bad-faith case in disguise trying to get around an already pending contract dispute.

  • January 23, 2025

    Insurance Litigation Week In Review

    Arbitrations for domestic insurers are out in Louisiana, Freddie Mac ended its $32 million coverage dispute, a California woman wants the U.S. Supreme Court to consider her coverage case and the 10th Circuit seemed skeptical that an insurer's reliance on an expert could set any precedent.

  • January 23, 2025

    Anderson Kill Atty Gives Tips To Policyholders After LA Fires

    The recent wildfires in California have underscored the importance of policyholders knowing the extent of coverage they purchased and their rights if they must ultimately take their insurer to court. Here, Law360 talks with Anderson Kill's Diana Shafter Gliedman about what policyholders should keep in mind when purchasing insurance coverage.

  • January 21, 2025

    La. Judge Lifts Arbitration Order In $7M Ida Damage Case

    A Louisiana federal judge lifted a stay and vacated an order to arbitrate a $7 million Hurricane Ida damage claim against domestic surplus insurers, ruling that a recent decision from Louisiana's top court represents an "'intervening change in the controlling law.'"

  • January 21, 2025

    Conn. Cannabis Co.'s Income Loss Not Covered, Judge Says

    A cannabis product manufacturer cannot get more than $1.3 million in business interruption coverage from a Berkshire Hathaway unit for a fire in one of its "flowering rooms," a Connecticut federal court ruled, finding it failed to establish a causal link between a suspension of operations and lost income.

  • January 21, 2025

    10th Circ. Skeptical Ruling Would Invite Bogus Claim Denials

    A Tenth Circuit panel appeared skeptical Tuesday that a lower court had cleared the way for the insurance industry to rely on flawed expert reports to justify claims decisions, with one judge suggesting the ruling was a limited one.

  • January 21, 2025

    As Fire Victims Seek Legal Help, Experts Warn Of Red Flags

    As lawyers from across the nation descend upon Southern California to sign up those affected by the devastating wildfires, fire victims should not rush to hire an attorney, lest they also become victims of fraud or other predatory practices, the state bar and ethics-savvy attorneys warn.

  • January 17, 2025

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.

  • January 17, 2025

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.

  • January 17, 2025

    Fla. HOA Says Insurer Failed To Pay Or Appraise $9.5M Claim

    A Sunshine State condo association told a Florida federal court Friday that its insurer failed to pay its $9.5 million claim for damages sustained as a result of Hurricane Ian, alleging the insurer didn't meet its policy's terms regarding assigning an appraiser.

  • January 17, 2025

    Property Owner Says Nationwide Lowballed On $3.8M Losses

    A Georgia property owner accused its insurer, a Nationwide unit, of "grossly underestimating" damages from separate hail and water events, alleging it was offered a combined total of less than $8,000 for losses exceeding $3.8 million, in a case removed to Georgia federal court.

  • January 16, 2025

    GM, OnStar Agree To FTC's Ban On Location Data Sharing

    General Motors and OnStar agreed to a five-year ban on disclosing geolocation and driver behavior data to consumer reporting agencies to resolve the Federal Trade Commission's allegations that the companies didn't get drivers' consent before sharing, the agency announced Thursday.

Expert Analysis

  • Defense Strategies For Addressing Conspiracy-Minded Jurors

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    As conspiracy theories continue to proliferate and gain traction in the U.S., defense attorneys will need to consider ways to keep conspiracy-minded jurors from sitting on the jury, and to persuade them when this isn’t possible, say consultants at IMS Legal Strategies.

  • Surprise NC COVID Ruling Revises Reasonable Expectations

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    The North Carolina Supreme Court's recent finding in favor of policyholders in a suit for business interruption coverage due to COVID-19 shutdown orders runs contrary to most other state and federal courts' holdings on the issue, and may revitalize the reasonable expectations doctrine in the state, say attorneys at Goldberg Segalla.

  • How Trial Attys Can Wield Amended Federal Evidence Rules

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    Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.

  • Identifying Deepfakes During Evidence Collection, Discovery

    Excerpt from Practical Guidance
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    Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.

  • 1 Year After Rule 702 Changes, Courts Have Made Progress

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    In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.

  • An Underutilized Tool To Dismiss Meritless Claims In Texas

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    In Texas, special appearances provide a useful but often overlooked tool for out-of-state defendants to escape meritless claims early in litigation, thus limiting discovery and creating a pathway for immediate appellate review, say attorneys at Winston & Strawn.

  • When US Privilege Law Applies To Docs Made Outside The US

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    As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.

  • How Texas Bill Would Transform Noneconomic Damages

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    Large noneconomic damage awards in personal injury cases have grown exponentially in Texas in recent years, but newly introduced legislation would cap such damages, likely requiring both the plaintiff and defense bars to recalibrate their litigation strategies, say attorneys at Norton Rose.

  • 4 Holiday Movies Full Of Cheer And Subrogation Scenarios

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    While holiday movies are known for spreading cheer and inspiring nostalgia, for insurance professionals they may also offer an unlikely, yet fascinating, look at subrogation recovery potential, says Dana Meyers at Cozen O'Connor.

  • How Attorneys Can Master The Art Of Eye Contact At Trial

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    As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.

  • Teaching Your Witness To Beat The Freeze/Appease Response

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    In addition to fight-or-flight, witnesses may experience the freeze/appease response at trial or deposition — where they become a deer in headlights, agreeing with opposing counsel’s questions and damaging their credibility in the process — but certain strategies can help, says Bill Kanasky at Courtroom Sciences.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

  • What Insurers Need To Know About OFAC's Expanded FAQs

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    The Office of Foreign Assets Control's recently expanded insurance FAQs clarify how OFAC views insurance policies in a number of specific circumstances involving sanctioned parties, and make plain that sanctions compliance is the responsibility of all participants in the insurance ecosystem, including underwriters, brokers and agents, say attorneys at Morgan Lewis.

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