Property Insurance

News & Analysis as of

California Court of Appeal Limits Scope of Agent's Immunity Rule Based on "Special Relationship" Between Insurers and Insureds

On April 2, 2014, the California Court of Appeal, First Appellate District, published an opinion that limits the scope of the agent’s immunity rule insofar as it applies to employees of insurers involved in investigating...more

Divided New York Court of Appeals Holds That Under Noncumulation Clause Only One Limit Is Available to Cover Multiple Claims

In Nesmith v. Allstate Insurance Co., New York’s highest court, over a two-judge dissent, held that under the noncumulation clause in a landlord’s liability policy, only one limit was available to cover claims by children...more

Texas Claims Are Getting Nasti: The Insured’s Burdens

Texas courts have long taken the position that “[w]hen covered and excluded perils combine to cause an injury, the insured must present some evidence affording the jury a reasonable basis on which to allocate damages.”...more

Fracking: Yes! There’s Insurance Coverage for That!

Some people believe that “fracking” – the use of horizontal drilling and hydraulic fracturing technology – is a miracle, increasing the extraction of oil and gas from places deep under the ground where hydrocarbons were...more

The Latest on Major Defense Verdicts in Arizona

What’s the latest news on Arizona’s civil defense verdicts? Here are some interesting defense verdicts from 2014: - Steak Out Restaurant & Saloon, L.L.C. et al. v. Old Lobos T&T, L.L.C. et al. Steak Out Restaurant...more

Sixth Circuit: Growing Marijuana is Not the Same as Buying a Houseplant or Entertaining Visitors

Half of the states in this country have now legalized marijuana for medical use, and that has led to a number of small-scale growing operations in policyholders’ homes.  While not nearly as dangerous as cooking meth on the...more

Writing for Mealey's, Tom Bush Analyzes Antitrust Issues with Joint Underwriting

With insurance companies coming under increased scrutiny from government antitrust enforcers and the plaintiff antitrust class action bar, many companies are undertaking a reassessment of their practices for compliance with...more

California Joins Maryland and Ohio in Addressing “Price Optimization”

The California Insurance Commissioner issued a notice on February 18, 2015 to more than 750 property and casualty insurers doing business in California, announcing that “any use of Price Optimization in the ratemaking/pricing...more

Seventh Circuit Rejects Bright-Line Trigger Of Coverage Approach In First-Party Property Disputes

In Strauss v. Chubb Indem. Ins. Co., 771 F.3d 1026, 1030 (7th Cir. Wis. 2014), the Seventh Circuit Court of Appeals applying Wisconsin law set forth an analysis for determining trigger of coverage in first-party property...more

Don’t Mess With Texas Adjusters In Hail Damage Claims

Texas hail claim policyholder lawyers, like many plaintiffs’ lawyers, clearly prefer to be in state court rather than federal court. To accomplish this and prevent the defendant insurer from properly removing the lawsuit to...more

No Manifestation Destiny: The Seventh Circuit Declines to Set a Standard Trigger Rule for First-Party Property Policies

Property damage can be sudden and dramatic, but it can also be subtle and insidious, and that can make it hard to identify the moment when properly coverage is implicated. As a result, courts have recognized several...more

Eye on Insurance - A Look Back at 2014 and Forward to 2015

Welcome to our annual “Eye on Insurance”, our round-up of notable developments during 2014, which are relevant to the London insurance and reinsurance markets. This update has been compiled by lawyers in Sedgwick’s London...more

Eastern District of Kentucky: Insurer’s Denial Of Claim Did Not Amount To Bad Faith Where Insureds Could Not Establish Malice or...

Cline v. Allstate Ins. Co., No. 6:13-CV-182-HAI, 2014 WL 7074973 (E.D. Ky. Dec. 15, 2014). After Denial of Claim for Loss from Fire on Basis of Exclusion for Criminal or Intentional Acts, Insurer wins Cross-Motions for...more

Client Alert: Michigan Insurance Company Not Subject to Personal Jurisdiction in California for Losses Suffered in Arkansas

In Greenwell v. Auto-Owners Ins. Co. (No. C074546, Filed 1/27/2015) (“Greenwell”), the California Court of Appeal, Third Appellate District, held a California resident could not establish specific personal jurisdiction over...more

Property Insurance Law: 2014 Year in Review

Hurricane Sandy continued to generate a significant amount of litigation during 2014 which resulted in several important property insurance decisions. Most notably, as a result of Sandy and other events, the courts...more

Insurance Coverage for Businesses Affected by Winter Storm Juno

As the northeastern United States digs out from Winter Storm Juno, it is time for businesses and property owners to assess any damage suffered from the storm and analyze their property insurance policies in order to properly...more

Late Notice Held to Bar a $6,000,000 Hurricane Wilma Claim in Florida

In The Yacht Club on the Intracoastal Condo. Ass’n. v. Lexington Ins. Co., – Fed.Appx. –, 2015 WL 106862, 2015 U.S. App. LEXIS 293 (11h Cir., Jan. 8, 2015), a unanimous panel of the Eleventh Circuit recently held that a...more

Weathering Winter Storm Juno With Roof Collapse Coverage

For most of the Northeast, this winter was off to a slow start in terms of snowfall. That was, however, until winter storm Juno paralyzed much of the Eastern Corridor and resulted in eye-popping, 3-foot-plus snow totals in...more

Wisconsin Supreme Court's misapplication of the pollution exclusion and disregard for policyholders' business and purpose in...

Last week, the Wisconsin Supreme Court issued two opinions in which it held that pollution exclusions barred coverage for third-party claims resulting from alleged contamination of water due to the seepage of cow manure and...more

Insurance Client Alert: Mere Mailing of Policy and Renewals Into California is Not Sufficient Basis for Jurisdiction Over Bad...

In Greenwell v. Auto-Owners Ins. Co. (No. C074546, filed 1/27/15), a California appeals court held that the use of a mailing address to send policies and renewals into California did not support jurisdiction for a California...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending January 16 & 23,2015

REAL PROPERTY UPDATE - Commercial Lease/Cotenancy Provisions: whether cotenancy provision in lease for retail space in shopping center, which requires other particular store(s) in shopping center to remain occupied by...more

California Insurance Law - 2014 Year in Review

Introduction - The California appellate courts issued an unusual number and variety of insurance-related opinions in 2014. The California Supreme Court issued an important and highly anticipated ruling on the scope of...more

Landmarks - Winter 2015

In This Issue: - Crowdfunding — What It Is, What to Watch - Spotlight on Insurance: Know the Risks Involved with the Protective Safeguards Endorsement - Reinvestment In Leased Retail Space — Top 10 Legal...more

Preparing for and Recovering from Winter Storm Juno - Insurance Coverage Alert

Winter storm Juno is expected to hit this evening and last through Wednesday, impacting businesses from the Mid-Atlantic to New England. Millions may be affected by power outages and travel disruptions, and many may suffer...more

Anti-Sequential Causation Clause Upheld in Hurricane Irene Case in New Jersey

In Ashrit Realty, LLC v. Tower National Ins. Co., 2015 WL 248490, 2015 N.J. Super. Unpub. LEXIS 107 (N.J.Super.Ct., App.Div., Jan. 20,  2015), New Jersey’s Appellate Division held that an anti-concurrent/anti-sequential...more

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