Property

Expert Analysis

• Insurance Rulings Continue Expansion Of Appraisal's Ambit

  

  Two recent Illinois insurance cases allowing property damage appraisers to determine causation — Wysoczan v. Cambridge in federal court and Shelter v. Morrow in state appellate court — perpetuate a judicial trend that will result in a slower, more expensive and cumbersome appraisal process that resembles litigation, says Matthew Fortin at BatesCarey.

• Suits Likely Over Nevada Law Limiting Claimant Injury Exams

  

  A new Nevada law placing barriers on the mental or physical examinations that defendants use to evaluate claimants' injuries will likely spur waves of litigation to reconcile it with existing rules and practice, says Michael Lowry at Wilson Elser.

• Mass. Ruling Shows Value Of Additional Insured Specifics

  

  A Massachusetts court’s recent D.F. Pray v. Wesco Insurance decision demonstrates that blanket additional insured endorsements can create issues with personal jurisdiction, so those named as additional insureds should require their lower-tier contractors to use specific endorsements, say Thomas Dunn and Sheya Rivard at Pierce Atwood.

• 7 Ways Telco Operators Can Approach Lead Cable Claims

  

  A recent spotlight on the telecommunication industry shows that companies in the field have known for decades that lead-wrapped cables proliferate in their vast networks, which is likely to provoke prolonged and costly legal battles — but seven best practices can efficiently resolve claims and minimize damage, say consultants at AlixPartners.

• What Wis. High Court Ruling Means For Coverage Analysis

  

  Overturning insurance law precedent in 5 Walworth v. Engerman Contracting, the Wisconsin Supreme Court recently rejected the use of the economic loss doctrine and integrated systems analysis in commercial general liability cases, but a strongly worded concurrence could indicate that the court's opinion may have limited persuasive reach, say Laura Lin and Pierce MacConaghy at Simpson Thacher.

• Auto Insurers Should Reassess Calif. Diminished Value Claims

  

  Many California auto insurers currently pay third-party claims for diminished value damages after a vehicle has been in an accident; however, federal decisions interpreting California law suggest that insurers may not have to pay some of these claims, says Charles Danaher at Sheppard Mullin.

• A Festival Of Litigation Could Arise From 'Electric Zoo' Fiasco

  

  Over Labor Day weekend, thousands of electronic dance music fans were displeased with the organization of the New York City-based Electric Zoo festival, which quickly elicited comparisons to the 2017 Fyre Festival — and three kinds of litigation could ensue from the debacle, say attorneys at Seiden Law.

• Potential Marijuana Status Change Would Shift Industry Risks

  

  Cannabis companies and their insurers should pay close attention to how the U.S. Department of Health and Human Services' move toward marijuana reclassification plays out, and the potential for a shakeup in the landscape for cannabis regulation at the state and federal levels, says Ian Stewart at Wilson Elser.

• Key Provisions In Florida's New Insurer Accountability Act

  

  Florida's recent bipartisan Insurer Accountability Act introduces a range of new obligations for insurance companies and regulatory bodies to strengthen consumer protection, and other states may follow suit should it prove successful at ensuring a reliable insurance market, say Jan Larson and Benjamin Malings at Jenner & Block.

• Texas Storms Drive Coverage Litigation And Key Rulings

  

  Given the frequency and magnitude of extreme weather events across Texas, first-party coverage claims continue to dominate high-profile litigation in the state, bringing significant recent decisions on attorney fees, appraisal, allocation and other important insurance topics, says Laura Grabouski at Holden Litigation.

• Next Steps For Insurers After Ky. OKs Early 3rd-Party Claims

  

  While insurers in Kentucky may face more statutory bad faith claims after a recent state Supreme Court decision clarified that third parties may bring these torts even before determination of coverage is finalized, insurers can adopt a variety of approaches to reduce their exposure, says Jason Reichlyn at Dykema Gossett.

• Insurers, Prepare For Large Exposures From PFAS Claims

  

  With thousands of lawsuits concerning per- and polyfluoroalkyl substances pending across the country, several large settlements already reached, and both regulators and the plaintiffs bar increasingly focusing on PFAS, it is becoming clear that these "forever chemicals" present major exposures to insurers and their policyholders, say Scott Seaman and Jennifer Arnold at Hinshaw.

• Rethinking Mich. Slip-And-Fall Defense After Top Court Ruling

  

  The Michigan Supreme Court recently overturned three decades of premises liability jurisprudence by ruling that the open and obvious danger defense is no longer part of a traditional duty analysis, posing the question of whether landowners will ever again win on a motion for summary dismissal, say John Stiglich and Meriam Choulagh at Wilson Elser.