Property

Expert Analysis

• 9th Circ. COVID Coverage Ruling Misapplies Burden Of Proof

  

  The Ninth Circuit’s recent decision in Mudpie v. Travelers Casualty Insurance, dismissing a COVID-19 insurance coverage claim, incorrectly applied the burden of proof to the policyholder instead of the insurer, disregarding the crucial differences between third-party liability and first-party all-risks insurance policies, says Lee Epstein at Flaster Greenberg.

• No Signs Of Turning, Tide Of Insurer COVID Wins Persists

  

  The trend of COVID-19 business interruption decisions favoring insurers continues to hold strong — any commentary to the contrary is striking a narrative that is not borne out by reality, say attorneys at Dentons.

• How Law Firms Can Rethink Offices In A Post-Pandemic World

  

  Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

• 5th Circ. Ruling Aids Policyholder Deductible Calculations

  

  In its recent McDonnel Group v. Starr Surplus Lines Insurance decision, the Fifth Circuit held that the policy's flood deductible language was ambiguous, providing a win for policyholders and a helpful mathematical interpretation for insureds with similar deductible language in their property insurance policies, says Tae Andrews at Miller Friel.

• COVID-19 Offers Cautionary Tales On Hospitality Contracts

  

  Hotel owners should look closely at the agreements that govern hotel investment and operation to learn lessons from the pandemic and to protect against such vulnerability in the future with force majeure clauses and other provisions, say Anthony Cavanaugh and Jiah Park at Miles & Stockbridge.

• What Mainstreaming Of Litigation Finance Means For Industry

  

  The rush of new capital and investors into the litigation funding space is expected to bring heightened competition on price and other key deal terms, but litigants will need to be more in tune with individual financiers' proclivities, says William Weisman at Therium Capital Management.

• After Ida, A Look At Sandy's Flood Insurance Lessons

  

  The flood insurance experience gained in connection with Superstorm Sandy can offer valuable lessons to those that have suffered a flood loss from the recent Hurricane Ida, and can guide others before and after the next storm, say Lee Epstein and Matthew Goldstein at Flaster Greenberg.

• Federal Courts Make 2 Basic Errors In Virus Coverage Rulings

  

  Many federal courts deciding dispositive motions in COVID-19 business interruption coverage cases are neglecting fundamental precepts of civil procedure by acting as fact-finders or failing to defer to forum state decisions, say attorneys at Hunton.

• Lifting The Veil On The Supreme Court's Shadow Docket

  

  Following headline-making U.S. Supreme Court emergency orders on Texas’ new abortion law, COVID-19 restrictions and more, Vetan Kapoor, counsel to Senate Judiciary Committee ranking member Chuck Grassley, R-Iowa, examines the court's so-called shadow docket and its decision-making procedures, including questions around transparency, timing and precedential effect.

• Insurance Commissioner's Agenda: DC On Long-Term Care

  

  Washington, D.C., Insurance Commissioner Karima Woods outlines the development of insurance coverage for older adults' long-term care benefits and how regulators and the industry are attempting to resolve issues with the popular product.

• Embracing ESG: United Natural Foods GC Talks Bottom Line

  

  In prioritizing environmental, social and governance initiatives as strategic value drivers, corporate general counsel can leverage meaningful ESG progress to benefit both the business's bottom line and the wider world, says Jill Sutton at United Natural Foods.

• Ruling Rightly Sends COVID Biz Interruption Question To Jury

  

  After a string of insurer coronavirus coverage wins on dispositive motions, a Missouri federal court's ruling this week in favor of the policyholder in K.C. Hopps v. Cincinnati Insurance places the decision-making responsibility about the facts and science in COVID-19 business interruption cases back where it belongs — with a jury, say attorneys at Pillsbury.

• Policyholder Outlook Following UK Biz Interruption Test Case

  

  In the nine months since the U.K. Supreme Court ruled in favor of policyholders in the Financial Conduct Authority’s test case on insurance coverage for COVID-19 businesses interruption claims, similar lawsuits filed against insurers show that a positive outcome for insureds is not guaranteed, say Peter Sharp and Paul Mesquitta at Morgan Lewis.