News & Analysis as of

Commercial Property Owners Denial of Insurance Coverage

Haynes Boone

Torrential Rains and Insurance Claims: When Exclusions and Limitations On ‘Flood’ Coverage May Not Apply

Haynes Boone on

With five months to go, 2025 is already the year of the flash flood in the United States. To date, the National Weather Service has issued more than 3,600 flash flood warnings across the United States in 20251...more

Rivkin Radler LLP

The Title Reporter – Summer 2023

Rivkin Radler LLP on

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •A trial court in New York has dismissed a negligence action against a title company brought by a developer, ruling...more

Gould + Ratner LLP

Forecast for Insuring Commercial Solar Panel Installations: Partly Cloudy

Gould + Ratner LLP on

The United Nations recently described climate change as “the defining crisis of our time.” Further, a flagship UN report on climate change declared that the world is on a fast track to disaster because of rising carbon...more

Robinson+Cole Environmental Law +

Decision Provides a Cautionary Tale About Contracting for Environmental Services

An important lesson on contracting with environmental consultants recently came out of a federal district court in California in Golden Gate Way, LLC v. Enercon Services, Inc., 20-cv-03077-EMC (N.D. Cal. Nov. 18, 2021)....more

Butler Weihmuller Katz Craig LLP

Fifth Circuit Seeks Guidance From The Texas Supreme Court On When The Concurrent Cause Doctrine Applies

Hail damage is so typical in Texas that Chapter 542A of the Texas Insurance Code is known as the “Hail Bill.” Texas follows the concurrent cause doctrine. As the Texas Supreme Court held in Lyons v. Millers Casualty...more

Cozen O'Connor

Tenth Circuit Rules Against Insurer and Decides That Appraisers Can Decide Causation

Cozen O'Connor on

In the continuing saga of what can and cannot be appraised in a property insurance appraisal, the Tenth Circuit, in contrast to many other courts, has ruled appraisers can determine coverage issues....more

Hinshaw & Culbertson - Insights for Insurers

Insurers Prevail in First Two U.S. Appellate Court Decisions

The pace of new COVID-19 coverage actions has slowed down in recent months, but new cases continue to be filed. As of August 31, 2021, according to the Penn Law COVID Coverage Litigation Tracker, more than 1,980...more

Patton Sullivan Brodehl LLP

Title Insurance Booby Traps in the LLC Jungle

Title insurance is inexpensive for a reason - Unlike other insurance policies, it is not prospective in nature.  It does not cover title defects or liens that come into being after the effective date of the policy. ...more

Zelle  LLP

Commercial Property Insurance Coverage for Texas Winter Freeze Losses

Zelle LLP on

For an incredible 10-day period in mid-February, Texas was battered by a brutal winter storm bringing snow, ice, and record-low temperatures. Millions of Texans were without power and water for days. These conditions forced...more

Melito & Adolfsen

The Insurance Industry Anticipated a Pandemic from a virus like Covid-19 more than a decade ago.

Melito & Adolfsen on

For businesses that were shut down by COVID-19 a common question is whether there is coverage for business interruption. In New York, the answer is no. This should be the answer nationwide. Coverage for business interruption...more

Lathrop GPM

[Webinar] Insurance Recovery Legislative Update - June 16th, 12:00 pm - 1:00 pm CDT

Lathrop GPM on

Policyholders whose businesses have been interrupted as a result of the COVID-19 pandemic have made claims under their property insurance policies for loss of business income, but they are almost universally denied. As the...more

Zelle  LLP

Class Certification Issues in Coronavirus-Related Commercial Property Insurance Litigation

Zelle LLP on

The coronavirus pandemic raises the specter of potential class action exposure for commercial property insurers. The combination of staggering losses to America’s small businesses and the perceived deep pockets of insurers...more

Rivkin Radler LLP

Confronting Business Interruption Claims Resulting from COVID-19

Rivkin Radler LLP on

As the country continues to absorb the shock of the COVID-19 pandemic, commercial property insurers are already experiencing an influx of claims, mostly for business interruption....more

Zelle  LLP

Commercial Property Insurance Coverage and Coronavirus

Zelle LLP on

No modern disease has dominated the news and affected the world-wide economy on such a scale as coronavirus (COVID-19). Coronavirus’s impact is widespread across almost all business sectors. Governments are shutting down...more

Carlton Fields

Sixth Circuit Weighs In On Coverage For Marijuana-Related Property Loss

Carlton Fields on

The Sixth Circuit Court of Appeals issued a colorful opinion in a property insurance coverage dispute affirming a denial of coverage for loss arising out of an illicit marijuana growing operation in Michigan. The case is...more

Cozen O'Connor

“Context Matters” – Tenth Circuit Holds Mudslide Not an Explosion Under Property Policy

Cozen O'Connor on

On August 29, 2016, the U.S. Court of Appeals for the Tenth Circuit affirmed a Colorado district court ruling that the sudden obliteration of a building in a 2013 mudslide did not constitute an “explosion” under a commercial...more

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