News & Analysis as of

Property Insurance Commercial Insurance Policies Insurance Litigation

Cozen O'Connor

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

Cozen O'Connor on

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

Zelle LLP on

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

Rivkin Radler LLP

June 2025 Insurance Update

Rivkin Radler LLP on

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

Ballard Spahr LLP

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

Ballard Spahr LLP on

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?

Zelle LLP on

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

Flaster Greenberg PC

Does the Pennsylvania Supreme Court’s Holding in Ungarean, Represent the End of the War Over Insurance for Covid Losses or Just...

Flaster Greenberg PC on

The Pennsylvania Supreme Court recently rendered its eagerly awaited decision in Ungarean v. CNA et al., declaring that losses resulting from Covid-related governmental closure orders were not covered by business interruption...more

Alston & Bird

Insurance Insights for the Dog Days of August

Alston & Bird on

Welcome to the inaugural issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, the California Supreme Court covers COVID-19 claims, Georgia...more

Cozen O'Connor

Does a sagging floor constitute a “collapse”? Court finds ambiguity in “collapse.”

Cozen O'Connor on

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

Cozen O'Connor

Claims Notes: August 2024

Cozen O'Connor on

The New York Department of Financial Services (DFS) previously circulated proposed guidance on using AI in underwriting and pricing to address discrimination. DFS requested public comment. Commenters expressed concern over: ...more

Woodruff Sawyer

The Q3 2023 Commercial Insurance Market: Social Inflation, Cyber Threats, and D&O Surprises

Woodruff Sawyer on

Third-quarter headlines in the insurance market are typically dominated by the Atlantic hurricane season. This year’s hurricane season has been relatively benign—instead, the focus has been on the casualty market. Casualty...more

Sands Anderson PC

Passing The Buck to Consumers: Insurance Update

Sands Anderson PC on

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

Woodruff Sawyer

Positive Trends in the Commercial Insurance Market: A Q4 2022 Update

Woodruff Sawyer on

Commercial lines insurance buyers encountered mostly positive trends at the end of 2022. Most segments experienced rate stabilization and, in the case of public D&O, large rate decreases. The exception to this generally...more

Woodruff Sawyer

Looking Ahead: A Guide to Property & Casualty Risk Management and Insurance in 2023

Woodruff Sawyer on

Prior to the COVID-19 pandemic, the insurance industry was already amid challenging times. Natural catastrophes, increasing jury awards in liability cases, and medical cost inflation all resulted in premium increases coupled...more

Woodruff Sawyer

Property Rates Rise and the Cyber Market Improves: Q3 2022 Commercial Market Update

Woodruff Sawyer on

The third quarter is always pivotal in the insurance market because it is the peak of the Atlantic hurricane season. The number and severity of named storms, and if and where they make landfall, will impact property premiums...more

Woodruff Sawyer

Implementing “Highly Protected Risk” Programs Will Lower Property Insurance Costs

Woodruff Sawyer on

“Highly protected risk” (HPR) is an insurance industry term referring to a risk that has been controlled and managed through various measures....more

J.S. Held

The Assault on Indemnity: Why Now Is the Time to Replace Actual Cash Value Language in Insurance Policies

J.S. Held on

Indemnification of the policyholder is a core principle of the property insurance industry. A similar principle holds that the policyholder shall be “made whole” but not put in a better position than it was prior to the loss....more

Lowndes

Are Economic Losses Caused by COVID Shutdowns Recoverable Under Commercial Property Insurance Policies

Lowndes on

As we have previously written, whether economic losses caused by COVID shutdowns can be recovered under commercial property insurance policies is a hotly-contested issue. (Past articles include, ‘Will Your Business...more

Hinshaw & Culbertson - Insights for Insurers

Part Three: Reviewing Key U.S. Insurance Decisions, Trends, & Developments

COVID-19 Business Interruption Coverage Litigation - This is the third installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry. The issuance...more

Hinshaw & Culbertson - Insights for Insurers

Part Two: Reviewing Key U.S. Insurance Decisions, Trends, & Developments

Social Inflation - This is the second installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry. Social inflation continues to be a major...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...

Miller Starr Regalia on

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

Payne & Fears

COVID Insurance Coverage: Herd Immunity for Insurers or is Coverage Spreading?

Payne & Fears on

When COVID-19 ground the world to a halt, policyholders and insurance-coverage attorneys made predictions about the effectiveness of insurance against coronavirus-related losses. And the outlook wasn’t great. This article...more

Zelle  LLP

Cyber Rulings Aren't Helping COVID Biz Interruption Cases

Zelle LLP on

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

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

Cozen O'Connor

Appraisal Process Tolls Contractual Suit Limitation Period Even For Non-Covered Claims

Cozen O'Connor on

The Eleventh Circuit Court of Appeals recently held that, under Georgia law, an appraisal process tolled a commercial property policy’s two-year contractual suit limitation period even for non-covered claims....more

51 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide