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Property Insurance Policy Terms Commercial Insurance Policies

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

Haynes Boone

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

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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

Troutman Pepper Locke

Connecticut Extends Flex-Rate Filing Provisions Until July 1, 2030

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On July 2, 2025, the Connecticut Insurance Department (Department) issued Bulletin PC-92-25 (Bulletin), addressed to “all companies licensed to write property and casualty insurance.” The Bulletin rescinds and replaces...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

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

WaterStreet Company

Texas FAIR Plan: Opportunities and Challenges for Private Insurers

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As natural disasters continue to impact the insurance market, Texas has seen a surge in policyholders relying on the Texas FAIR Plan Association for coverage....more

Jones Day

Maximizing Insurance Recoveries for Hurricane Helene Losses and the Remainder of the 2024 Hurricane Season

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The Situation: On September 26, 2024, Hurricane Helene made landfall and left a path of destruction from the Florida coast through North Carolina, with total insured losses estimated in the tens of billions of dollars....more

Alston & Bird

Insurance Insights for the Dog Days of August

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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

Jones Day

What About Your Suppliers? Insuring Against Climate Risks to Your Supply Chain

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More than 20 storms—11 of which will become hurricanes, and 5 of which will become Category 3 or greater hurricanes. That's one prediction for the Atlantic hurricane season. Not to worry, you say. Your operations are located...more

K&L Gates LLP

Extreme Weather and Natural Disasters - Insurance Tips for Commercial Policyholders

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Storms and hurricanes, isolated but powerful tornados, earthquakes, fires, and floods—the question is not whether, but where and when policyholders will confront the next natural disaster. Climate change is clearly having an...more

Woodruff Sawyer

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

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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

Lowndes

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

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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

Lowndes

What Landlords and Tenants Need to Know This Hurricane Season (UPDATED)

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This year, forecasters at the National Oceanic and Atmospheric Administration are predicting another above-average Atlantic hurricane season, which runs June 1 through November 30. NOAA is predicting between 14 and 21 named...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

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

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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

Jones Day

Maximizing Insurance Recoveries for Hurricane Ida Losses and the Remainder of the 2021 Hurricane Season

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With Hurricane Ida having battered Louisiana, Mississippi and various other states, businesses will soon look to secure insurance recoveries for the significant property damage and business income losses left in its wake....more

Cozen O'Connor

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

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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

Gould + Ratner LLP

Policyholders See New Developments in COVID-19 Case Law

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Insurers across the nation continue to file motions to dismiss COVID-19 cases brought by policyholders on three primary grounds: 1. there is no” physical loss or damage” to the covered property, 2. there is no “prohibition...more

Butler Weihmuller Katz Craig LLP

Florida's Third District Court of Appeals provides a warning: When insureds communicate about their policy needs, agents better...

In Kendall South Medical Center v. Consolidated Insurance Nation, No. 3D16-926, 2017 WL 1908376, *1 (Fla. 3d DCA May 10, 2017), the Third District Court of Appeals reversed the lower court’s fourth dismissal of Kendall South...more

Carlton Fields

In Florida, House Bill 805 Will Likely Allow Insurance Policy Transfers

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The Florida Legislature passed House Bill 805, regarding insurance policy transfers. If, as anticipated, the governor signs the bill into law, it will allow insurance companies writing personal lines residential and...more

Cozen O'Connor

Insurer’s Denial of Mitigation Claim for Extra Costs to Prevent Cancellation of Contract Upheld

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Many property insurance policies that provide coverage for business interruption losses also include “extra expense” coverage for reasonable and necessary extra costs to temporarily continue as nearly as possible normal...more

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