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Property Insurance Corporate Counsel

Woodruff Sawyer

5 Predictions for the Casualty Insurance Market in 2023

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In the 2022 casualty insurance market, we saw a continued increase in general, auto, and umbrella/excess liability rates, driven by a consistent rise in average claims costs. This was coupled with a mostly flat and highly...more

Cranfill Sumner LLP

Fourth Circuit Holds Insurer’s Violation of North Carolina Unfair and Deceptive Trade Practices Act Warranted Trebling of...

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On April 18, 2022, the Fourth Circuit Court of Appeals reviewed an insured’s claim against its own property insurer for violation of the North Carolina’s Unfair and Deceptive Trade Practices Act (“UDTPA”) in a rare published...more

Perkins Coie

University of Colorado System Scores COVID-19 Property Insurance Coverage Win

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A Colorado state court recently joined a growing chorus of courts across the country rejecting insurance companies’ arguments that there is no coverage for COVID-19-related losses and costs under commercial property insurance...more

Blank Rome LLP

The War Exclusion and State-Sponsored Cyberattacks: The Battle Is Won but Is the War Over?

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Sovereign nation states have been behind (or suspected of being behind) some of the worst cyberattacks. When a cyberattack has state involvement, the inevitable question is whether it constitutes an act of war. The answer can...more

Miller Starr Regalia

No Relief For The Inn: Business Income Losses Due To Government’s Covid-19 Shutdown Orders Are Not “Physically Caused” By Covid-19...

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Addressing an issue of first impression in California, the Court of Appeal for the Second District has confirmed that businesses compelled to cease operations as a result of governmental directives issued in response to the...more

Cozen O'Connor

Seventh Circuit Continues String of Insurer Victories in COVID-19 Business Interruption Litigation

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At least five Circuit Courts of Appeal have now come out in favor of insurers in COVID-19 business interruption lawsuits. The latest is the Seventh Circuit Court of Appeals in Sandy Point Dental, P.C. v. Cincinnati Ins. Co.,...more

Zelle  LLP

Cyber Rulings Aren't Helping COVID Biz Interruption Cases

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Along with seeking to analogize COVID-19 physical loss or damage to that in the fumes or contaminants context, policyholders are now also attempting to rely on cases discussing the bounds of physical loss or damage in the...more

Carlton Fields

Consistent With Nationwide Trend, Recent Decisions Applying Louisiana Law Find COVID-19 Does Not Cause Physical Loss or Damage

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Consistent with the majority of decisions in courts across the country, a number of Louisiana state and federal courts have recently held that COVID-19 does not cause physical loss or damage to property as required for...more

Payne & Fears

COVID Insurance Coverage One Year Later – Herd Immunity for Insurers or is Coverage Spreading for Policyholders?

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One year ago, when the COVID-19 pandemic ground the world to a halt, our firm’s virtual offices were inundated with calls from policyholders, asking if their current and projected losses due to the pandemic would be covered...more

Jaburg Wilk

Arizona District Court Enforces “Virus Exclusion” to Dismiss COVID-19 Related Insurance Claims of Minor League Baseball Teams

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The Holding - In Chattanooga Prof’l Baseball LLC, v. Nat’l Cas. Co., 2020 WL 6699480 (D. Ariz. Nov. 13, 2020) (Order), the Arizona District Court held that a “Virus Exclusion” clearly precluded insurance coverage for losses...more

Gould + Ratner LLP

Policyholders See New Developments in COVID-19 Case Law

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Insurers across the nation continue to file motions to dismiss COVID-19 cases brought by policyholders on three primary grounds: 1. there is no” physical loss or damage” to the covered property, 2. there is no “prohibition...more

Jones Day

Policyholders Notch Victory in Fight for COVID-19-Related Business Interruption Insurance Coverage

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The Situation: Although COVID-19-related insurance coverage litigation is still in its early stages, there are now well over 1,200 lawsuits pending across the United States and Europe, which seek to recover billions of...more

Womble Bond Dickinson

COVID-19 Shutdowns, Related Litigation Put Pressure on Business Interruption Insurers

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Companies in the United States continue to file business interruption lawsuits against their insurers for claims arising from state and local government shutdown orders in response to the COVID-19 pandemic. At least 1,250...more

Morrison & Foerster LLP

Court Finds For Retailers In Denying Motion To Dismiss In COVID-19 Damages Suit Against Insurer

On April 27, 2020, five Missouri retailers filed a putative class action suit against their insurance provider, The Cincinnati Insurance Company, for breach of contract relating to the insurer’s denial of coverage under the...more

Jones Day

COVID-19 Ruling Serves as Cautionary Tale for Policyholders to Satisfy Pleading Requirements

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The Situation: This month, a Michigan state trial court dismissed the COVID-19-related business interruption coverage lawsuit filed by two policyholder restaurants on the pleadings, finding that they had failed to allege any...more

Payne & Fears

[Webinar] Is Your Hotel/Casino Insured for its Coronavirus Business Interruption Losses? - April 2nd, 4:00 pm - 5:00 pm PDT

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Resorts, hotels, casinos, and others in the hospitality industry are experiencing devastating losses as the result of recent government shutdowns in response to the COVID-19 pandemic. Is there anything you can do to salvage...more

K&L Gates LLP

Recent Cases Hold that Policyholders Are Entitled to Insurance Coverage Under Various Types of Insurance Policies for Losses...

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In recent weeks, several courts across the country have ruled that policyholders are entitled to insurance coverage for losses incurred as a result of social engineering schemes and ransomware attacks. ...more

K&L Gates LLP

Maryland Federal Court Confirms Coverage for Ransomware Damage Under Property Insurance Policy

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In the latest example of a court confirming that traditional business insurance policies can cover losses from cyber-attacks, the federal district court in Maryland ruled recently that a property insurer was obligated to...more

Bradley Arant Boult Cummings LLP

House Bill 1774 Requires Urgent Action by Texas Policyholders to Preserve Coverage for Hurricane Harvey Flood Claims

Even as Hurricane Harvey’s effects continue to unfold, Texas policyholders face another imminent threat. On September 1, 2017, a new Texas law becomes effective that dramatically limits insurance recoveries for Texan...more

Robinson+Cole Class Actions Insider

Labor Depreciation Class Action Update: Decisions on Class Certification

I have had a busy summer and am overdue in updating readers on recent decisions in class actions against insurers involving the “labor depreciation” issue. The issue involves whether, when insurers estimate the “actual cash...more

Robinson+Cole Class Actions Insider

Labor Depreciation Class Action Update

It’s been a while since I updated you on the status of class action litigation regarding the application of depreciation to labor costs on property insurance claims. There have been three decisions since my last update, with...more

Dechert LLP

The New Terrorism Risk Insurance: Still a Cost of Doing Business

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TRIA is back. - On November 26, 2002, in the wake of the September 11th attacks, President Bush signed the Terrorism Risk Insurance Act of 2002 (TRIA), and with it, breathed life into a new player in the catastrophic...more

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