Commercial Real Estate Insurance Civil Procedure

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Insurance and Reinsurance Alert: Follow the Settlements Clauses revisited.

In autumn 2011, Thailand suffered severe floods. Among the properties damaged were shops and distribution centres owed by a subsidiary of Tesco. Tesco was insured against property damage and BI losses in Thailand under a...more

New York Court: Storm Surge is a Species of Excluded Flood

One of the most litigated issues in the Gulf States in the wake of Hurricane Katrina was whether flood exclusions bar coverage for loss by storm surge. The courts ultimately decided that the answer was yes....more

Donald Trump Sanctioned for Failure to Disclose Insurance Policy In Ft. Lauderdale Condo-Hotel Case

Last week, Judge Kathleen Williams of the U.S. District Court for the Southern District of Florida granted plaintiffs’ motion for sanctions against Donald Trump for his initial failure to disclose a relevant insurance policy...more

California Court: An Insurance Claim for Feng Shui Is Not Harmonious Qi

Feng shui is a Chinese philosophical system that supposedly orients buildings and their contents in an auspicious manner. Last month in Patel v. American Economy Ins. Co., — F.Supp.2d —, 2014 WL 1862211 (N.D. Cal., May 8,...more

Not Feeling It: Court Nixes Claim for Feng Shui Fees and Finds No Bad Faith

In Patel v. American Economy Ins. Co., — F. Supp. 2d. —, 2014 WL 1862211 (N.D. Cal. May 8, 2014), the U.S. District Court for the Northern District of California granted the insurer’s motion for partial summary judgment,...more

West Virginia Federal Court Denies Summary Judgment To Insurer On Hail And Water Damage Claim

The U.S. District Court for the Northern District of West Virginia, in FA Mgmt. v. Great Am. Ins. Co., 2014 U.S. Dist. LEXIS 75912, 2 (N.D. W. Va. June 4, 2014), was presented with an insurer’s motion for summary judgment...more

Appellate Court Notes

AC35802 - Estate of Haburey v. Winchester - Widow was allowed to claim spousal benefits for deceased employee who worked at municipal sewage treatment facility. Commissioner could have properly found that exposure to...more

Bad Faith Claim Against Insurer Ruled Unsustainable by New York Federal Courts Where Based on Same Facts as Breach of Contract...

Two recent New York federal court decisions – 433 Main Street Realty, et al. v. Darwin National Assurance Co., No. 14-cv-587 (NGG) (VMS) (E.D.N.Y. Apr. 22, 2014) and County of Orange v. The Travelers Indemnity Co. No....more

Middle District of Pennsylvania: Neither Unprofessionalism of Lower-Level Claims Employees Nor Failure to Interview Insured’s...

Honesdale Volunteer Ambulance Corp. Inc. v. Am. Alternative Ins. Corp., CIV.A. 3:11-1488, 2014 WL 1203317 (M.D. Pa. Mar. 24, 2014) - Middle District of Pennsylvania grants summary judgment on bad faith claim where...more

Real Estate Tip – When a Title Insurer’s Coverage Isn’t

Frequently, policyholders sue their title insurance companies in order to determine whether a claim is covered and to force the company to pay any loss. Obtaining a court order confirming that a claimed loss is covered may...more

Real Property, Financial Services & Title Insurance Case Law Updates

I. FLORIDA STATE CASES - Quiet Title: deed reservation of right-of-way in favor of State, which applied only to tracts of land of 10 acres or more, did not attach to title of landowner of less than 10 acres and,...more

No Reasonable Person Would Believe Contract Exclusion Applies to Wrongful Eviction

In John Doyle Trust, et al. v. Country Mutual Insurance Co., 2014 IL App (2d) 121238, the Illinois appellate court affirmed summary judgment entered against Country Mutual, finding it owed its insured landlords a defense for...more

Summary Judgment In Favor Of Broker In Malpractice Case Reversed, Where Special Relationship With Insured May Have Existed

In a case involving alleged broker malpractice with respect to certain underinsured business interruption losses under a commercial property insurance policy, the New York high court reversed a lower appellate court’s...more

Tenth Circuit Holds That Two-And-One-Half Years And Two-And-One-Half Million Dollars Do Not Constitute Prejudice

In BSC Holding, Inc. et al. v. Lexington Ins. Co., — Fed.Appx. –, 2014 WL 929194 (10th Cir., March 11, 2014), the Tenth Circuit recently underscored how difficult it can be for an insurer to demonstrate prejudice as a result...more

New York Court of Appeals Holds Property Policy Time Limitation for Replacement Costs Suits Amounts to “Claim Nullification”

Facts and Underlying Litigation - Will New York courts enforce a time-limitation period for suits for replacement costs against an insurer under a property policy, even if the insured could not have completed the...more

Some Considerations when Preparing to Try a Property Damage Subrogation Case in the Age of CSI

Recent criminal trials turned national media events, such as the Trayvon Martin and Casey Anthony trials, have highlighted modern jurors’ expectations for forensic evidence. Commentators have termed jurors’ expectations for...more

California Court Denies Summary Judgment on Known Conditions Exclusion

In its recent decision in Lennar Mare Island v. Steadfast Ins. Co., 2014 U.S. Dist. LEXIS 26405 (E.D. Cal. Feb. 28, 2014), the United States District Court for the Eastern District of California had occasion to consider the...more

Navigating The All-Risks Policy: Is Wear And Tear A Fortuitous Risk?

In its decision in 1422253 Ontario Limited O/A Esso Fourth Avenue Gas Bar v. Coachman Insurance Company, 2013 ONSC 5740, the Divisional Court held that damages resulting from wear and tear can, in certain circumstances, be...more

Anti-Concurrent Causation Clauses Get More Attention

Catastrophe losses rarely involve a situation where the loss is solely caused by an excluded peril. Anti-Concurrent Causation (ACC) clauses were drafted to address the scenario where two perils contribute to the same loss....more

Flood Insurance Statute of Limitations Remains Intact After Proof of Loss Deadline Extensions

Following Superstorm Sandy, the Federal Emergency Management Agency (FEMA) extended the deadline to submit a proof of loss for Sandy-related claims from the 60-day period provided for by the agency’s regulations to 12 months....more

One Year Later, Superstorm Sandy Still Offers Viable Recovery Opportunities for Insurers

The one-year anniversary of Superstorm Sandy serves as a reminder to property insurers that key deadlines are approaching that can directly affect recovery efforts. Viable subrogation opportunities still exist, but carriers...more

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending October 4, 2013

I. FLORIDA STATE CASES – JOURDAN HAYNES & CHRIS SMART - MRTA: marketable record title act represents codified limitation on title insurer’s obligation to research public records in connection with issuance of title...more

Insurance Recovery Law -- Sep 19, 2013

Pollution Claims–Apparently Here to Stay - With the advent of the “absolute” pollution exclusion in commercial general liability (“CGL”) policies in the mid-1980s, many in the insurance industry predicted that...more

United States v. Susquehanna Bank

Memorandum Opinion

Maryland's federal district court rejected the IRS contention that internal IRS regulations wipe out state recording statutes and the "relation back" principle that gives deeds an effective date prior to actual recording. The...more

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending July 19, 2013

I. FLORIDA STATE CASES – STEFANIE LINCOLN - Litigation Privilege: litigation privilege, which protects actions taken in the course of and related to judicial proceedings from civil liability, applies to causes of...more

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