News & Analysis as of

Insurance Industry Commercial Property Owners

Cozen O'Connor

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

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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: June 2024

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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

Cozen O'Connor

Court Permits Parties to Cure Defective Diversity Jurisdiction in Suit Against Underwriters at Lloyd’s

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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

Lowenstein Sandler LLP

Policyholders Beware: Maximizing Commercial Property & Casualty Insurance in a Steadily Hardening Market

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Today, Eric Jesse and Heather Weaver of Lowenstein Sandler's Insurance Recovery Group sit down with executives from two major insurance brokerage firms: Josh Weisberg, Chief Risk Officer at SterlingRisk, and Brad Barron,...more

Sands Anderson PC

Passing The Buck to Consumers: Insurance Update

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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

Weber Gallagher Simpson Stapleton Fires &...

In a Win for Commercial Defendants and Their Insurers, the New Jersey Appellate Court Declines to Limit the “Ongoing Storm Rule”...

The New Jersey Appellate Division has recently confirmed that the “ongoing storm rule” established in Pareja v. Princeton International Properties, 246 N.J. 546 (2021) applies to privately owned commercial properties,...more

Rivkin Radler LLP

The Title Reporter – Summer 2023

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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

Lowenstein Sandler LLP

When Insurance and Real Estate Issues Collide: Key Considerations For Leasing or Purchasing Property

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In this episode of “Don't Take No for an Answer,” Lynda A. Bennett talks to Stacey C. Tyler, counsel in Lowenstein’s Real Estate practice group, about some of the key insurance coverage issues that come up when a company...more

DarrowEverett LLP

Are Attorney Opinion Letters a Viable Title Insurance Alternative?

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Title insurance is a popular form of protection for residential and commercial real estate buyers and their lenders against title-related issues that may arise after closing. It provides peace of mind for all parties...more

Pillsbury - Policyholder Pulse blog

The Higher the Value, the Greater the Loss: The Importance of Updating Building Values in Inflationary Times

Earlier in 2022, CBRE forecasted a 14.1% year-over-year increase in construction costs by year-end 2022, as labor and material costs continue to rise, despite the expectation that overall cost inflation for materials would...more

Gould + Ratner LLP

Forecast for Insuring Commercial Solar Panel Installations: Partly Cloudy

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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

Woodruff Sawyer

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

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

Hinshaw & Culbertson - Insights for Insurers

The State Of COVID-19 Coverage Litigation In The United States

The issuance of various governmental orders requiring businesses to temporarily modify or close their operations during the COVID-19 pandemic led to an immediate avalanche of claims and lawsuits involving first-party...more

Rumberger | Kirk

Fourth DCA’s Decision on Assignment of Benefits May be Beneficial to Insurance Carriers Seeking Compliance with Section 627.70152

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Section 627.7152, Florida Statutes went into effect on July 1, 2019 and regulates assignment of post-loss benefits agreements between an insured under a property insurance policy and any “person providing services to protect,...more

Hinshaw & Culbertson - Insights for Insurers

COVID-19 Coverage Litigation: Insurers Maintain Unbeaten Record in All Appellate Court Decisions to Date

As we approach the end of the first quarter of 2022, things are still looking good for insurers in the COVID-19 coverage litigation battle.   The issuance of various governmental orders requiring businesses to temporarily...more

Payne & Fears

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

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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

Rivkin Radler LLP

Insurance Update - October 2021

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Here’s our October Insurance Update. The Sixth Circuit had insurance on its mind this past month. Three of the decisions we discuss in our update are from that court. First, the Sixth Circuit joins the Eighth and...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

Farella Braun + Martel LLP

[Webinar] Fire Season Preparedness: What Wineries Should Do Now - June 23rd, 10:00 am - 11:00 am PT

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

Saul Ewing LLP

Authorized Property and Business Interruption Insurers of Commercial Property in New Jersey to Include Statements That Policy May...

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​On May 12, 2021, the Governor of New Jersey signed into law a bill that will require authorized insurers that provide property and business interruption insurance for commercial property in New Jersey to provide a summary to...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

Payne & Fears

COVID Insurance Coverage One Year Later – Herd Immunity for Insurers or is Coverage Spreading for Policyholders?

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One year ago, when the COVID-19 pandemic ground the world to a halt, our firm’s virtual offices were inundated with calls from policyholders, asking if their current and projected losses due to the pandemic would be covered...more

UB Greensfelder LLP

The Northern District of Ohio Provides More Clarity On COVID-19 Related Business Interruption Claims

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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

Zelle  LLP

Commercial Property Insurance Coverage for Texas Winter Freeze Losses

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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

Rivkin Radler LLP

New York Insurance Coverage Law Update- February 2021

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A Manhattan law firm sued Midvale Indemnity Company seeking coverage under the firm’s commercial property insurance policy for losses caused by stay-at-home and social distancing directives issued by New York State in...more

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