Property Insurance

Featured Publication:

California High Court Holds That Notice-Prejudice Rule May Override Choice of Law Clause

Dina Richman discusses the Pitzer College v. Indian Harbor Insurance Company decision and how it impacts enforcement of choice of law provisions when it comes to notice-prejudice and consent clause issues.

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Cozen O’Connor has represented major domestic and foreign property insurers on a worldwide basis for more than 40 years. Property insurers need knowledgeable and experienced counsel, and our attorneys are widely recognized as consummate first-party practitioners.

We have extensive experience with the full range of first-party property insurance coverages, including: all risks; builders risk; commercial property; commercial combined; cyber and electronic commerce risk; high-net-worth personal; inland marine; machinery breakdown; on- and off-shore energy; and business interruption.

Our team is distinguished by its dual core competencies: precise contractual analysis and powerful trial advocacy. In many cases, collegial negotiation among stakeholders can win the day. In those instances when it cannot, Cozen O’Connor is fully prepared to go to verdict and has an impressive record of success on behalf of insurer clients.

The firm handles trials in state and federal courts around the country, and argues appeals on coverage issues critical to the industry before all levels of appellate courts. We also advocate on behalf of insurers in pre-suit settlement negotiations, mediations and in arbitrations. Our attorneys have played a significant role in numerous recent high-profile losses, including Hurricane Katrina, Superstorm Sandy, the 9/11 attacks, the Tohoku earthquake, numerous California wildfires and the Deepwater Horizon oil spill.

Though every claim is different, Cozen O’Connor has an encyclopedic knowledge of the legal bases governing the good faith handling and resolution of any claim scenario. We handle losses arising from weather events and natural catastrophes, structural incidents, suspected arson and fraud, and terrorist and cyber attacks. With offices in 31 cities, Cozen O’Connor is capable of responding quickly and effectively wherever losses occur.

Individual members of the property insurance team have been recognized in Chambers USA. Several Cozen O’Connor attorneys have authored treatises in the property insurance field, including Insuring Real Property (Matthew Bender) and the Fire Litigation Handbook (National Fire Protection Association). Firm members are regularly invited to participate in or chair seminars at nationally recognized industry conferences, as well as to provide webinars and in-house training programs for members of the insurance industry. The extent of our industry involvement speaks to our credibility, as well as to our commitment and dedication to the insurance industry.
 

 

Experience

Publications

Business Interruption in the Bayou: Louisiana Appellate Ruling Surprises Insurers [Property Insurance Law Observer Blog]

June 23, 2022

In Cajun Conti LLC, et al. v. Certain Underwriters at Lloyd’s, et al., a divided Louisiana Fourth Circuit Court of Appeal found that the presence of the COVID-19 virus causes physical loss or damage to property. For policyholder attorneys, this case will unquestionably be relied upon heavily going...

Florida Property Insurance Reform Round Three Brings Big Changes [Property Insurance Law Observer Blog]

June 01, 2022

For the third time since 2019, the Florida Legislature has enacted broad property insurance reforms with the goal of stabilizing the insurance market and curbing litigation filed by unscrupulous contractors. The bill, S.B. 2D, creates a reinsurance program, amends certain prohibited advertisement...

Intentional Act Without Intent to Harm May Not Be an Occurrence [Alert]

May 27, 2022

A California appellate court recently ruled that an intentional act may not be an "occurrence" even when there is no intent to cause harm.

Coverage Issues Regarding Riots, Civil Commotion, and Curfews

May 26, 2022

Alycen Moss and Elliot Kerzner co-authored the article “Coverage Issues Regarding Riots, Civil Commotion, and Curfews” for the Spring 2022 issue of the Federation of Defense & Corporate Counsel’s Insights magazine.

New York Court Holds Coverage for Excavation Damage Precluded by Earth Movement Exclusion [Property Insurance Law Observer Blog]

May 04, 2022

According to a recent ruling by a New York appellate court, coverage for excavation damage is precluded by the policy’s earth movement exclusion. In 3502 Partners LLC v. Great American Insurance Co. of New York, Case No. 2021-03449 (N.Y. App. 1st Dep’t Apr. 21, 2022), an insured sued its insurer...

Ten from '21 — The Top Ten Property Insurance Decisions from 2021

April 21, 2022

Alycen Moss and Stephen Pate wrote the article, "Ten from '21 — The top ten property insurance decisions from 2021," published by Westlaw Today.

Accepting Coverage for Part of a Claim May Subject an Insurer to the Appraisal Process Under Tennessee Law [Property Insurance Law Observer Blog]

April 11, 2022

Accepting coverage for part of a claim may subject an insurer to a policy’s appraisal process when the extent of covered damage is in dispute, according to a recent ruling issued by the Eastern District of Tennessee. In Morrow v. State Farm Fire & Cas. Co., Case No. 1:21-CV-00133-DCLC-CHS, 2022...

Renewal of Property Policy Requires Living Insured [Property Insurance Law Observer Blog]

March 23, 2022

A policy renewal requires a living insured to form a valid insurance contract, the Sixth Circuit recently ruled. In Boby Davis, et al. v. Westfield Ins. Co., Case No. 21-2797 (6th Cir. Mar. 14, 2022), Della Shields received a yearly homeowner’s insurance policy covering her home in Muskegon,...

True, False, or Simply Wrong? Florida Courts Disagree About Whether ‘False Statements’ Must Be Intentional [Property Insurance Law Observer Blog]

February 14, 2022

A Florida appellate court recently interpreted a “Concealment or Fraud” provision that voids coverage where an insured makes “material false statements” as requiring intentional deception, extending the split amongst the Florida appellate courts. In Vargas v. SafePointe Ins. Co., No. 3D19-1656,...

COVID-19 and Event Cancellation Claims: Post-pandemic Developments [Practical Guidance]

February 03, 2022

Paul Ferland examines event cancellation coverage in general to identify the issues that will be at the forefront of legal disputes in the coming years.

Second Circuit Holds No Coverage for COVID-19 Business Interruption Losses [Property Insurance Law Observer Blog]

January 19, 2022

The Second Circuit has now joined the Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits in holding that no insurance coverage exists for business interruption losses caused by the Covid-19 pandemic and the associated government orders. In 10012 Holdings Inc. v. Sentinel Insurance...

Business Interruption Insurance: Post-Pandemic Litigation Developments [Practical Guide]

January 18, 2022

Donnie Apodaca contributed a practice note in LexisNexis Practical Guide.

Major Victories for Insurers in Fifth Circuit Regarding COVID-19 Business Interruption Claims [Property Insurance Law Observer Blog]

January 07, 2022

The Fifth Circuit Court of Appeals has joined seven other Circuits in finding no coverage for COVID-19 business interruption claims.[1]  In Terry Black’s Barbecue, L.L.C. v. State Auto. Mut. Ins. Co., 2022 U.S. App. LEXIS 287 (5th Cir. Jan. 5, 2022) and Aggie Invs., L.L.C. v. Continental Cas. Co.,...

Seventh Circuit Continues String of Insurer Victories in COVID-19 Business Interruption Litigation [Property Insurance Law Observer Blog]

December 21, 2021

At least five Circuit Courts of Appeal have now come out in favor of insurers in COVID-19 business interruption lawsuits.[1] The latest is the Seventh Circuit Court of Appeals in Sandy Point Dental, P.C. v. Cincinnati Ins. Co., 2021 U.S. App. LEXIS 36399 (7th Cir. Dec. 9, 2021). The Court in Sandy...

COVID-19 Business Interruption Claims: First California Court of Appeal Decision Holds That Closure Orders Are Not “Direct Physical Loss” [Property Insurance Law Observer Blog]

November 18, 2021

California has been a hotbed of litigation regarding COVID-19 business interruption claims. The vast majority of the trial courts have held in favor of insurers and against businesses. Now, the California Court of Appeal has weighed in. In a published decision, The Inns by the Sea v. California...

Federal Court Holds that the Voluntary Payment of an Appraisal Award Plus Penalty Interest Defeats TPPCA Claims Under Texas Law [Property Insurance Law Observer Blog]

November 15, 2021

In 2019, the Supreme Court of Texas issued a pair of decisions that allowed policyholders to prosecute claims under the Texas Prompt Payment of Claims Act (“TPPCA”) even after the insurers paid appraisal awards. The decisions were a modification of law and so post-appraisal litigation has and...

Ninth Circuit Holds COVID-19 Business Interruption Losses Require Direct Physical Damage To The Property [Property Insurance Law Observer Blog]

November 09, 2021

In March 2020, Mudpie Inc.—a San Francisco children’s store—ceased operations when California Governor Gavin Newsom ordered all “non-essential” businesses to close due to the COVID-19 pandemic. Because of the shut-down, Mudpie sought coverage for loss of “business income” and “extra expense” under...

Insurer Wins First Jury Trial on Coverage for COVID-19 Business Interruption Losses [Property Insurance Law Observer Blog]

November 02, 2021

An insurer has won the first jury trial on coverage for Covid-19 business interruption losses after a federal jury in the Western District of Missouri issued a verdict in favor of The Cincinnati Insurance Company in K.C. Hopps Ltd. v. Cincinnati Insurance Co., Case No. 4:20-cv-437 (W.D. Mo. 2021)....

First Appellate Ruling Holds COVID-19 Business Losses Are Not Physical Loss or Damage [Alert]

July 06, 2021

Alycen A. Moss and Elliot Kerzner discuss the Eighth Circuit's decision in Oral Surgeons, P.C. v. The Cincinnati Insurance Company.

Protests, Riots Raise Questions of Civil Authority Coverage [Best's Review]

March 05, 2021

Alycen Moss and Elliot Kerzner published an article in Best's Review titled, "Protests, Riots Raise Questions of Civil Authority Coverage" discussing property damage from the riots following the death of George Floyd in May 2020.

Hurricane Laura: What Can Insurers Expect with Claims in Texas and Louisiana? [Alert]

September 02, 2020

Joseph A. Ziemianski, Melissa Brill, Alycen A. Moss, Stephen P. Pate, and Paul C. Ferland discuss what insurers can expect based on prior hurricanes.

Texas Supreme Court Reinforces the Eight Corners Rule, Or Does It? [Alert]

March 25, 2020

Alissa Christopher and Greg Hudson discuss Richards v. State Farm Lloyds and whether the absence of a clause requiring a carrier to defend claims that are “groundless, false or fraudulent” means that the “eight-corners” rule does not apply when determining the existence of a duty to defend.

Property Insurance Coverage Issues Associated with COVID-19 [Alert]

March 16, 2020

Joe Ziemianski, Melissa Brill, Alycen Moss, Stephen Pate, and Paul Ferland discuss how courts have analyzed and applied first-party property policies for these types of non-physical losses, potential coverage under a civil authority provision, and pollution/contamination exclusions.

California High Court Holds That Notice-Prejudice Rule May Override Choice of Law Clause

September 03, 2019

Dina Richman discusses the Pitzer College v. Indian Harbor Insurance Company decision and how it impacts enforcement of choice of law provisions when it comes to notice-prejudice and consent clause issues.

Complicated Cats [Best's Review]

September 01, 2018

Alycen Moss, of Cozen O'Connor's Global Insurance department, published an article titled, Complicated Cats, for Best's Review.

The Imperfect Storm: Harvey Litigation Will Be Fought Under Hailstorm Bill's Rules, While 'Menchaca' Looms in the Background [Texas Lawyer]

June 01, 2018

Stephen Pate, of Cozen O'Connor's Global Insurance Department, authored an article on his predictions on the course of Hurricane Harvey litigation entitled, "The Imperfect Storm: Harvey Litigation Will Be Governed by Hailstorm Bill's Rules, While 'Menchaca' Looms in the Background."

New Jersey Court: Continuous Trigger Ends When Nature of Damage Is Known [Global Insurance Alert]

October 26, 2017

Melissa Brill and Laura Dowgin discuss the decision in Air Master & Cooling, Inc. v. Selective Ins. Co. of Am., and its impact on progressive property damage claims in New Jersey.

Events & Seminars

Upcoming Events

Creating Balance in the Bad Faith Discovery Wars: Do Insurers Have a Right to Discover Plaintiffs’ Privileged Information?

July 25, 2022 - Seattle, Washington

Alycen A. Moss will present “Creating Balance in the Bad Faith Discovery Wars: Do Insurers Have a Right to Discover Plaintiffs’ Privileged Information?” at the Federation of Defense & Corporate Counsel 2022 Annual meeting in Seattle, Washington.

Past Events

Top Property Cases of 2021

March 16, 2022 - Webinar

Wildfires and their Impact on Insurance Coverage Issues

February 02, 2022 - Fort Lauderdale, FL

Advanced Insurance Law 2021

October 01, 2021 - San Antonio, TX

20th Anniversary Windstorm Insurance Conference

January 31, 2019 - Orlando, Florida

2018 PLRB Large Loss Conference

November 26, 2018 - Nashville, TN

In The News

Alycen Moss Named the CLM’s Claim’s Management Professional of the Year

March 29, 2022

Cozen O’Connor is pleased to announce that Alycen Moss, co-chair of the firm’s Property Insurance Group and co-vice chair of the firm’s Global Insurance Department, has been named the Claims and Litigation Management Alliance’s Litigation Management Professional of the Year.

In A Hail Mary, Virus Coverage Suits Flood State Courts

March 24, 2022

Alycen Moss and Stephen Pate were quoted in a Law360 article discussing the new wave of COVID-19 coverage lawsuits that have hit state and federal courts.

Alycen Moss Named to Law360’s 2022 Insurance Authority Property Editorial Advisory Board

March 23, 2022

Alycen Moss, a member of Cozen O'Connor's Global Insurance Department, has been named one of Law360’s 2022 Editorial Advisory Board members.

More Than 205 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 19, 2021

Best Lawyers selected 210 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2022 edition of The Best Lawyers in America.

Alycen Moss Named the 2021 Recipient of the FDCC’s John Appleman Award

August 10, 2021

Cozen O’Connor is pleased to announce that Alycen Moss, member of the Global Insurance Department and co-chair of the firm’s Property Insurance Group, has been named the 2021 recipient of the Federation of Defense & Corporate Counsel’s John Appleman Award.

Four Cozen O’Connor Attorneys Recognized as 2020 Texas Super Lawyers

September 24, 2020

Cozen O’Connor attorneys David L. Barron, Stephen P. Pate, A. Martin Wickliff, Jr., and Joseph A. Ziemianski were named 2020 Texas Super Lawyers.

The Biggest Property & Casualty Insurance Decisions Of 2018

December 14, 2018

Stephen Pate, a member in the firm Global Insurance Department, was quoted in Law360's feature "The Biggest Property & Casualty Insurance Decisions of 2018."

Post-Harvey Coverage Suits Fall, But Causation Rows Linger [Law360]

August 20, 2018

Stephen Pate, of Cozen O'Connor's Global Insurance department, was quoted in an article for Law360 discussing coverage suits following Hurrican Harvey.

Marijuana Insurers in Holding Pattern After Sessions Memo [Business Insurance]

April 17, 2018

Stephen Pate, of Cozen O'Connor's Global Insurance department, was quoted in the Business Insurance article, Marijuana Insurers in Holding Patter After Sessions Memo.

Attorney says 7th Circuit Ruling in Exploding Grain Bin Case Could Narrow Property Damage Coverage [Cook County Record]

March 01, 2018

Melissa Brill, of Cozen O'Connor's Global Insurance department, was quoted in an article titled, "Attorney says 7th Circuit Ruling in Exploding Grain Bin Case Could Narrow Property Damage Coverage" which appeared in the Cook County Record.

Insurance Policies on Marijuana Grows in the Fire Zone [KCBS radio]

October 28, 2017

Stephen Pate, of Cozen O'Connor's Global Insurance department, interviews with KCBS radio about insurance policies on marijuana grows in the fire zone.

Texas Insurance Law Unlikely to Impact Harvey Victims [Bloomberg]

September 01, 2017

Stephen Pate, of Cozen O’Connor's Global Insurance Department, speaks with June Grosso on Bloomberg Radio’s “Bloomberg Law” about Texas House Bill 1774 that went into effect September 1, 2017.

Insurers Could Dodge Harvey-Related Legal Fights Under Texas Law [Bloomberg]

August 30, 2017

Stephen Pate, of Cozen O'Connor's Global Insurance Department, was quoted in an article for Bloomberg discussing how insurers could face fewer suits after Harvey due to the Texas House Bill 1774 that was passed earlier this year.

Quick Harvey Claims Offer Little Payoff for Policyholders [Law360]

August 29, 2017

Stephen Pate, a member of Cozen O'Connor's Global Insurance Department, was quoted in an article for Law360 that discussed how property owners should handle damages caused by Hurricane Harvey.

100 Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 23, 2017

Lawyers were selected for inclusion in the 2018 edition based on a rigorous peer-review that has been developed and defined for more than 30 years.

Contacts

Alycen A. Moss

Co-Chair, Property Insurance Group
Co-Vice Chair, Global Insurance Department

amoss@cozen.com

(404) 572-2052

Stephen P. Pate

Co-Chair, Property Insurance Group

spate@cozen.com

(832) 214-3957

People

Awards

Alycen Moss Named the CLM’s Claim’s Management Professional of the Year

March 29, 2022

Cozen O’Connor is pleased to announce that Alycen Moss, co-chair of the firm’s Property Insurance Group and co-vice chair of the firm’s Global Insurance Department, has been named the Claims and Litigation Management Alliance’s Litigation Management Professional of the Year.

More Than 205 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 19, 2021

Best Lawyers selected 210 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2022 edition of The Best Lawyers in America.

Related Practice Areas

Related Blogs

Property Insurance Law Observer

Covering first-party decisions and developments.

Avoiding Insurance Bad Faith

Covering state and federal bad faith decisions and practices impacting insurers.

Cyber Law Monitor

Following current trends in cyber, privacy, and data security law.

Upcoming Event:

Creating Balance in the Bad Faith Discovery Wars: Do Insurers Have a Right to Discover Plaintiffs’ Privileged Information?

Seattle, Washington 07/25/2022

Alycen A. Moss will present “Creating Balance in the Bad Faith Discovery Wars: Do Insurers Have a Right to Discover Plaintiffs’ Privileged Information?” at the Federation of Defense & Corporate Counsel 2022 Annual meeting in Seattle, Washington.

Event Details

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