Out With a Bang: Current State of Play on Coverage for COVID-Related Losses
The Calm Before and After the Storm: How to Maximize Insurance Recovery for Catastrophic Weather Events
Protect Your Construction Project: Top 10 Insurance Provisions to Know
Filing Insurance Claims After the Texas Winter Storm
Subro Sense - The ABC's of RCV and ACV
K&L Gates Triage: Emergency Preparedness and Response in Long Term Care - Part II
What Money Damages Are Available In A Personal Injury Claim?
Commercial property hurricane insurance presents complex challenges that require careful consideration and strategic planning. Business owners must understand critical coverage elements, policy limitations and claim...more
Imagine a customer slips and falls inside a tenant’s leased space. The injured party alleges that the fall was caused by water leaking from the building’s sprinkler system. Although no fault has been determined, the claim...more
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
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
In Comprehensive Medical Center, Inc. v. State Farm Mutual Automobile Insurance Company, 2025 WL 416814 (9th Cir. 2025), the Ninth Circuit Court of Appeals affirmed the district court’s determination that the period of...more
Kennedys partners Jared Greisman, Aaron Konstam, Louis Kozloff and Colin Willmott will be presenting a webinar on understanding business income claims on May 1, 2025. The webinar will survey key contours of business income...more
The Buchalter LA Wildfire Taskforce is happy to report some good news for certain commercial property owners impacted by the LA Wildfires. On March 28, 2025, the Federal Emergency Management Administration (FEMA) agreed...more
Property insurance for projects under construction can be significantly complex. Insuring renovation projects under a builder’s risk policy will often require more care in crafting a policy that provides adequate protection....more
Welcome to the first 2025 edition of the Zelle Lonestar Lowdown! Our theme this year is Collaboration. We recognize that we are not an island in this industry and our clients, and ultimately the property owners, best benefit...more
When the damage is finally assessed, the January 2025 wildfires in Southern California will likely be the costliest blaze in U.S. history, and no doubt real estate will comprise a major component of those assessments....more
Policyholders affected by the devastating fires should take certain immediate steps to maximize potential recovery. The Los Angeles County wildfires that began on January 7, 2025, and continue to ravage the communities of...more
U.S. District Court Xavier Rodriguez of the United States District Court for the Western District of Texas recently issued a decision granting summary judgment for an insurance carrier in a first-party case involving alleged...more
Falling behind on rent or otherwise defaulting on lease obligations can lead to serious consequences for commercial tenants, including the landlord instituting legal proceedings for eviction and monetary damages. However,...more
In Life Skills, Inc. v. Harleysville Insurance Company, 2024 WL 3792261 (D. Mass. 2024), the District Court of Massachusetts found that “collapse” provisions within a commercial property policy were ambiguous where a floor...more
The Florida Supreme Court ruled that PIP (Personal Injury Protection) insurers may pay 80% of a charge submitted by a provider, even when that reimbursement amount is less than the amount that would be reimbursable under the...more
In MAve Hotel Investors LLC d/b/a The MAve Hotel, et al. v. Certain Underwriters at Lloyd’s, London, et al., 2024 WL 2830909, (S.D.N.Y. 2024), to preserve diversity jurisdiction, the United States District Court for the...more
Sands Anderson’s Brian Pitney recently interviewed independent insurance agent Chris Hall, owner of The Halls of Insurance about recent changes in the insurance industry. They discussed increases in insurance premiums,...more
In United States Automatic Sprinkler Corp. v. Erie Ins. Exch., et al., No. 21A-CT-580, 2022 Ind. App. LEXIS 87 (Automatic Sprinkler), the Court of Appeals of Indiana (Court of Appeals) considered whether there is a privity...more
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
California is at the start of another dry year, with increased likelihood that the North Bay will experience another active fire season. Fires are always a risk and they are always unpredictable, spread quickly, and can...more
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 rejected a counterclaim filed against a title insurance company in a case it...more
Two more federal court judges in the Northern District of Ohio have weighed in on whether insurance carriers in the cases pending before them must cover claims for damages caused by the COVID19 pandemic. In both cases, the...more
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
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
Many U.S. businesses face income losses from theft, vandalism and resulting curfew orders, which have affected numerous cities in recent days. Commercial property insurance policies may provide coverage for these losses,...more