News & Analysis as of

Insurance Claims Property Insurance Insurance Litigation

Cozen O'Connor

Court Interprets “Completion” of a Project Under Builder’s Risk Insurance

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In Luke, Inc. v. Berkley National Insurance Company, 2025 WL 2210783 (W.D. Tenn. 2025), the United States District Court for the Western District of Tennessee determined that the “completion” of a construction project for...more

Zelle  LLP

When Failure To Satisfy Insured Duty Is Fatal To Texas Claims

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Virtually every insurance policy contains specific duties required of an insured in the event of loss. Typically, an insured's duties, which may be modified by endorsement, include claim reporting or claim notice...more

Cozen O'Connor

Court Differentiates Faulty and Defective Workmanship from Vandalism or Malicious Mischief

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In Carr v. Spinnaker Insurance Company, the United States Court of Appeals for the Ninth Circuit upheld the district court’s finding that property damage resulting from objectionable and imperfect work performed by an...more

Pillsbury - Policyholder Pulse blog

Strength in Numbers—The Class Actions Strategy for Insurance Claims

When wildfires, floods or other disasters strike, multiple policyholders can be affected in similar ways. But historically, each policyholder would take on their insurance company alone—a tough task, especially for individual...more

Schwabe, Williamson & Wyatt PC

OP-ED: How to Repair Landslides‎—One Insurance Policy at a Time

If a landowner receives a government order to clean up a landslide on their property, who should pay for it — the property owner or their liability insurer? About 20 times per year, the city of Portland issues an order to...more

Zelle  LLP

Court Grants Insurer’s Motion for Summary Judgment on Nearly All of Insureds’ Causes of Action

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Schnatzmeyer v. State Farm Ins. Co., No. 3:23-CV-02820-K, 2025 WL 1697505, at *1 (N.D. Tex. June 17, 2025). In a case involving two overlapping freeze claims—and a substantial array of legal issues affecting insurers in...more

Wiley Rein LLP

Pre-Policy Email Does Not Constitute a Claim

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The United States District Court for the Southern District of California, applying California law, has held that an email issued to an insured homeowners association (“HOA”) before the inception of the relevant claims-made...more

Zelle  LLP

Invoking ‘Our Option’ and Preferred Contractor Network Endorsements

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Increasing abuses in the claims process have caused insurance companies to rethink the traditional model of sending out cash to pay claims. Far too often, that cash is used for purposes other than fixing damage, with a...more

Wiley Rein LLP

Colorado Court of Appeals Permits COVID-19 Coverage Suit to Proceed Based on Health Care Endorsement Coverage

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The Colorado Court of Appeals (Division VI), applying Colorado law, partially affirmed a trial court decision dismissing an action seeking insurance coverage for COVID‑19 related losses. Spectrum Retirement Communities, LLC...more

Rivkin Radler LLP

June 2025 Insurance Update

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We’ve selected five recent insurance decisions for this month’s update. Foreign insurers will be pleased with the Second Circuit’s revamped view of the New York Convention. In finding that the international treaty is...more

Zelle  LLP

Massachusetts Collapse Decision Highlights Importance of Careful Underwriting

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During the underwriting process, carriers should review affirmative coverages not only to ensure consistency with applicable exclusions but also to make sure that the coverages themselves are internally consistent. Failure to...more

Rumberger | Kirk

Florida’s Evolving Bad-Faith Landscape: What Claims and Insurance Pros Need to Know

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Bad faith litigation has long posed both legal and reputational risks for insurers operating in Florida. With the enactment in 2023 of House Bill 837—a sweeping tort-reform measure—there are important changes to how insurers...more

Ward and Smith, P.A.

Risky Business: What Lawyers Who Fight Insurance Companies Want You to Know About Your Business Insurance Portfolio

Ward and Smith, P.A. on

We are attorneys and don’t sell or broker insurance. Yet, we’re writing to alert business owners of a direct threat posed by a “set it and forget it” approach to insurance coverage. Why? Because we see firsthand the damage...more

Cozen O'Connor

Insurer’s Use of Conflicting Reports Not Bad Faith, Says Court

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In El Dueno, LLC v. Mid-Century Insurance Company (2025 WL 1540329) (10th Cir. 2025)), the Tenth Circuit Court of Appeals affirmed summary judgement on behalf of the insurer on the basis that the insurer did not act in bad...more

McGuireWoods LLP

North Carolina: Policyholders Not Contributorily Negligent for Agent’s Misstatements

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In a pro-policyholder ruling, the North Carolina Supreme Court recently held that a homeowner’s claims against an insurance agent for negligence and gross negligence, seeking punitive damages, survived a motion to dismiss...more

Snell & Wilmer

Insurance Claims and the LA Fires

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Insurance has always been a critical backdrop in risk analysis. This is because when buying insurance, “an insured usually does not seek to realize a commercial advantage but, instead, seeks protection and security from...more

Carlton Fields

Connecticut Federal Court Construes Ambiguous Policy Exclusion in Favor of Coverage, but Rejects Bad Faith Claim

Carlton Fields on

In A Priori Family Office LLC v. Valley Forge Insurance Co., the U.S. District Court for the District of Connecticut found the undefined term “surface water” in an all-risk insurance policy’s water exclusion ambiguous, so...more

Zelle  LLP

When Coverage Disagreements Are Justified: The Bona Fide Dispute Doctrine in Action

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In Texas, bad faith claims arising under the Texas Insurance Code or the common law are routinely asserted by plaintiffs in first-party insurance disputes. While these causes of action are frequently pled, mere disagreement...more

Zelle  LLP

Court Analyzes “Forces of Nature” in Applying Section 542A of the Texas Insurance Code

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Recently, the United States District Court for the Northern District of Texas, Dallas Division, rejected an insured’s attempt to reframe its claim from a “forces of nature” claim and enforced Section 542A.006 of the Texas...more

Cozen O'Connor

Noncompliance With Policy’s “Duties After Loss” Provision Leads to Denial of Fire Loss Claim

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In Caribe D. Billie v. Plymouth Rock Assurance Corp. et al, the U.S. District Court for the District of Connecticut granted Plymouth Rock Assurance Corp.’s (“Insurer”) motion for summary judgment, holding that the Insurer was...more

Husch Blackwell LLP

Wisconsin Court of Appeals Upholds Ordinance or Law Exclusion in Insurance Coverage Dispute

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In a recent decision, the Wisconsin Court of Appeals affirmed the application of an “Ordinance or Law Exclusion” in a business owner’s insurance policy issued by Germantown Mutual Insurance Company.[1] The case, involving...more

Ballard Spahr LLP

WA State Court: No COVID-19 Coverage in Tulalip Tribes v. Lexington

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In a recent COVID-19 Washington State insurance bad faith case, Tulalip Tribes of Washington v. Lexington Ins. Co., Division I of the Washington Court of Appeals affirmed Washington’s stance holding lost physical use of...more

Zelle  LLP

Is Your War Exclusion Fit for Purpose?

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As global threats evolve, so does the question of what constitutes a ‘war’ risk under a standard property insurance policy, and how this might impact coverage. Russia’s Shadow War - Historically, a war was a physical...more

Zelle  LLP

Calif. Smoke Claim Ruling Gives Insurers Support On Denials

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In their recent Law360 guest article titled "Reconciling 2 Smoke Coverage Cases From California," the authors described a California appellate court's Feb. 7 opinion in Gharibian v. Wawanesa General Insurance Co. as an...more

Zelle  LLP

Any is Not All and The Future is Not Now: The Contours of the Cosmetic Damage Exclusion Taking Shape

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In Iyengar v. Liberty Insurance Corporation, No. SA-21-CV-1091-FB, 2024 WL 5505300 (W.D. Tex. Dec. 13, 2024), District Judge Biery denied Plaintiffs’ Motion for Clarification regarding Magistrate Judge Bemporad’s...more

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