Property Insurance, Pleading Standards

Eleventh Circuit Affirms Dismissal of First-Party Property Complaint for Failure to Meet Pleading Standard

Carlton Fields on 10/10/2022

The Eleventh Circuit Court of Appeals, in M&M Sisters LLC v. Scottsdale Insurance Co., affirmed the district court’s dismissal of an insured’s third amended complaint against its insurance carrier for failure to state a claim...more

Break Out Your Crystal Ball: New York’s First Department Relies on Policy’s Mitigation Provision as Support for Allegation That...

Carlton Fields on 4/12/2019

An insured sought coverage under its commercial property insurance policy for property damage incurred after construction work was performed in an adjoining building. ...more

“Unnecessary and Inappropriate”: The declaration no one wanted

Farrell Fritz, P.C. on 9/7/2018

Your client wants to recover damages for breach of contract and demands that you assert as many causes of action as possible. In addition to the breach cause of action, you consider a declaratory judgment claim, right? ...more

5th Circ. Brings Consistency to Improper-Joinder Analysis

Zelle LLP on 6/28/2016

Weather events in recent years have led to a surge of lawsuits seeking coverage for property damage. Often, in an effort to defeat diversity jurisdiction, a Texas resident will sue both a foreign insurance company and a...more

The Uncertainty of Remand in Texas

Zelle LLP on 3/22/2016

The United States District Courts in Texas continue to issue conflicting opinions regarding the analysis to be used in determining whether a state court petition contains sufficient allegations against a nondiverse defendant...more

Not-So-Sudden Impact: Insurers Face A New Breed Of Claim Under the Fair Housing Act (Part 1 of 3)

Pullman & Comley, LLC on 8/3/2015

Late in June, in Texas Dept. of Housing v. Inclusive Communities, No. 13–1371 (U.S. June 25, 2015), the U.S. Supreme Court ended years of debate by embracing a “disparate impact” claim against a housing authority under the...more