Featured Publication:
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.
More
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.
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...
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...
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.
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.
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...
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.
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...
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,...
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,...
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.
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...
January 18, 2022
Donnie Apodaca contributed a practice note in LexisNexis Practical Guide.
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.,...
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...
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...
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...
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...
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)....
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.
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.
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.
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.
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.
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.
September 01, 2018
Alycen Moss, of Cozen O'Connor's Global Insurance department, published an article titled, Complicated Cats, for Best's Review.
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."
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.
Upcoming Events
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
March 24, 2022 - Atlanta, GA
March 08, 2022 - Palm Desert, CA.
February 24, 2022 - Webinar
February 16, 2022 - Webinar
February 02, 2022 - Fort Lauderdale, FL
October 01, 2021 - San Antonio, TX
September 09, 2021 - Webinar
August 12, 2021 - Atlanta, Georgia
August 11, 2021 - Webinar
June 12, 2019 - Southampton, Bermuda
January 31, 2019 - Orlando, Florida
November 26, 2018 - Nashville, TN
September 12, 2018 - Webinar
June 14, 2018 - Palm Coast, FL
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.
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.
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.
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.
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.
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.
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."
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.
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.
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.
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.
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.
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.
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.
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.