Showing all results for category “First-Party Property”

CM Report of Recent Decisions – 2022 Volume 3

Cover: Downtown Houston, TX

SIDEBAR – Nuclear Verdicts Are Becoming Thermonuclear Verdicts: A Suggestion For Combatting Them

Some commentators have defined a “nuclear verdict” as a verdict of $10 million or greater.

Update: Insurers Continue To Succeed On Appeal On COVID-19 Property Claims

By Melinda S. Kollross

The body of federal and state appellate precedent keeps growing, with nearly every appellate tribunal holding that there is no property insurance coverage for pandemic related economic losses in the absence of physical loss or damage.

Texas Appeals Court Determines Flood Limit Does Not Cap Insured’s Claim For Loss Of Business Income

By Ramy P. Elmasri

A three-judge panel for the Texas Fourteenth Court of Appeals recently held that the $4.5 million dollar limit for flood damage in a commercial insurance policy did not limit the insured from seeking loss of business income.

Ramy Elmasri Selected as Florida Trend Legal Elite

Newly appointed Clausen Miller Texas Managing Partner Ramy Elmasri is honored as among Florida Trend’s Florida Legal Elite.

CM Report of Recent Decisions – 2022 Volume 2

Gallardo v. Marstiller, No. 20-1263 (U.S. 6-6-22)—A Possible Chilling Effect On Personal Injury Litigation Brought By Medicaid Beneficiaries

In Gallardo, the United States Supreme Court held that the Medicaid Act permits a State to seek reimbursement from tort settlement payments or judgments allocated for future medical care.

Massachusetts and Iowa: First State High Courts To Rule That There Is No Property Insurance Coverage For Business Interruption Pandemic Related Losses

By Melinda S. Kollross

The Massachusetts Supreme Judicial Court and the Iowa Supreme Court have issued opinions a day apart becoming the first state high courts to rule that insureds are not owed coverage under their property policies for pandemic related business interruption losses because no physical loss or damage occurred by virtue of the COVID-19 pandemic.

CM Report of Recent Decisions – 2021 Volume 3

TransUnion LLC v. Ramirez: SCOTUS Puts A Lid On Class Actions Brought In Federal Court To Merely Redress Statutory Violations Without Class Members Suffering Any Concrete Harm

The United States Supreme Court’s decision in TransUnion LLC v.

Insurer Wins First Appellate Decision Addressing COVID-19 Business Interruption Coverage

By Melinda S. Kollross

In the first appellate decision nationwide addressing business interruption coverage for COVID-19 pandemic related losses, the Eighth Circuit ruled for the insurer, holding that Cincinnati Insurance Company does not have to pay an Iowa dental clinic for losses due to government-imposed COVID-19 restrictions. 

New Jersey Considers COVID-19 Legislation Compelling Insurers to Pay Business Interruption Coverage Due to Coronavirus

Introduction

New
Jersey recently introduced Assembly Bill 3844, which would require insurers to
provide business interruption coverage to companies with less than 100 eligible
employees, defined as those who work at least 25 hours a week,

Clausen Miller’s First-Party Property COVID-19 Task Force

As COVID-19 continues to impact all corners of the globe, we are not simply throwing together blurbs for Twitter, but rather carefully listening to the needs of our clients who are already facing insurance claims arising out of the Coronavirus.