Recent News:
Valerie Sworn has been named to the “Top 40 Under 40” in Texas by The National Black Lawyers (NBL) Association. This exclusive recognition is reserved for the top 40 under 40 African American lawyers in each state, recognized for their outstanding legal skills and professional contributions.
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For more than 50 years, major domestic and international insurers have relied on Cozen O’Connor’s Property Insurance team to assist them in navigating the increasingly complex field of property coverage. From hurricanes, earthquakes, and ice storms to man-made disasters such as terrorist attacks and oil spills, we have always been on the cutting edge of property insurance work. We were also pioneers in business interruption matters stemming from the COVID-19 pandemic, as well as the rising threat of cyberattacks. Our deep experience helps us to not only handle the matters at hand but also identify emerging challenges on the horizon.
Our team is distinguished by its dual core competencies: precise contractual analysis and powerful trial advocacy. These competencies have cemented our reputation as knowledgeable and effective first-party practitioners for 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.
The firm handles trials in state and federal courts around the country, argues appeals on coverage issues critical to the industry before all levels of appellate courts, and represents clients in mediations and arbitrations. Our strong reputation for successfully representing our insurer clients in court also helps us achieve highly favorable outcomes in the many cases where negotiation among stakeholders can resolve matters without resorting to litigation.
Our team has an encyclopedic knowledge of the legal bases governing the good faith handling and resolution of any claim scenario, from weather events and natural catastrophes to structural incidents to suspected arson and fraud, and we have represented clients in numerous high-profile losses. These losses include the 2021 ice storms in Texas, Oklahoma, and New Mexico, Hurricanes Laura, Irma, and Katrina, Superstorm Sandy, the 9/11 attacks, the Tohoku earthquake, numerous California wildfires, and the Deepwater Horizon oil spill.
With offices in 32 cities, Cozen O’Connor can respond quickly and effectively wherever losses occur. Our clients benefit from the firm’s local presence and the advantages that come from fielding a home team that understands the details of a particular locality and has built relationships with the community, the regulatory authorities, and the courts.
The extent of our industry involvement speaks to our credibility, as well as to our commitment to the insurance industry. Our dedication to the insurance industry includes being members and holding leadership positions in many industry organizations, including the highly selective Federation of Defense & Corporate Counsel (FDCC), the Claims and Litigation Management Alliance (CLM), the American College of Coverage Counsel’s Board of Regents, Law360’s Insurance Authority Property Editorial Board, and DRI.
Our attorneys are sought-after speakers and writers on property insurance topics. We frequently participate in or chair seminars at nationally recognized industry conferences, host webinars, and provide in-house training programs for members of the insurance industry on topics such as claims handling, risk management issues, and updates regarding case law. Several of our attorneys have also authored treatises in the property insurance field, including the Property Insurance Litigator’s Handbook (3d Ed.), Insuring Real Property (Matthew Bender) and the Fire Litigation Handbook (National Fire Protection Association).
In addition to being recognized in Chambers USA, individual members of the Property Insurance team have been honored with some of the most prestigious awards in the profession, including the FDCC’s John Appleman Award and the CLM’s Professional of the Year.
November 20, 2024
Tiffany Bustamante, co-chair of the firm’s Bad Faith group, wrote the expert analysis column “Hurricane Coverage Ruling Clarifies Appraisal Scope In Fla.” for Law360.
November 11, 2024
John Ewell reviews recent cases and regulations impacting the insurance industry.
October 16, 2024
In the recent decision Universal Property & Casualty Insurance Co. v. Qureshi, the Florida Fourth District Court of Appeal held that homeowners cannot recover replacement cost benefits unless they have incurred expenses for repairs. The court emphasized that under both the insurance policy's...
October 14, 2024
Josh Tumen and Paul C. Ferland contributed the Expert Analysis “Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'” for Law360.
October 09, 2024
In a recent decision by the U.S. District Court for the Middle District of Florida, Wood v. GeoVera Specialty Insurance Company (2024 WL 3952571), the court affirmed that unambiguous policy limits remain enforceable even when an appraisal award exceeds those limits. This decision provides valuable...
October 01, 2024
Cozen O'Connor’s Global Insurance Department's Claims Notes provides quick, to-the-point summaries of national insurance developments, including notable insurance decisions, legislation, trends, and regulatory guidance.
September 23, 2024
In AMAG Pharmaceuticals, Inc. v. American Guarantee and Liability Insurance Company, the United States District Court for the District of Massachusetts held that a loose bolt or fitting that could be remedied simply by tightening it did not constitute “direct physical loss of or damage” to...
September 16, 2024
In J&S Welding, Inc. v. Liberty Mutual Insurance Company, the U.S. Court of Appeals reviewed a summary judgment ruling in favor of co-defendant West American Insurance Company (“West American”), issued by the U.S. District Court for the Western District of Tennessee. The 6th Circuit held that...
September 06, 2024
Cozen O'Connor’s Global Insurance Department's Claims Notes provides quick, to-the-point summaries of national insurance developments, including notable insurance decisions, legislation, trends, and regulatory guidance.
August 01, 2024
In Zurich American Insurance Company v. Medical Properties Trust, Inc., 2024 WL 3504060 (Mass. Jul. 23, 2024), the Supreme Court of Massachusetts held that the term “surface waters,” as used in a limitation contained in a commercial property insurance policy, was ambiguous in the context of...
August 01, 2024
Cozen O'Connor’s Global Insurance Department's Claims Notes provides quick, to-the-point summaries of national insurance developments, including notable insurance decisions, legislation, trends, and regulatory guidance.
June 27, 2024
Cozen O'Connor’s Global Insurance Department's Claims Notes provides quick, to-the-point summaries of national insurance developments, including notable insurance decisions, legislation, trends, and regulatory guidance.
June 13, 2024
In MAve Hotel Investors LLC d/b/a The MAve Hotel, et al. v. Certain Underwriters at Lloyd’s, London, et al., 2024 WL 2830909, (S.D.N.Y. 2024), to preserve diversity jurisdiction, the United States District Court for the Southern District of New York permitted a plaintiff insured to drop...
June 10, 2024
Karl Schulz discusses the Texas Supreme Court's recent ruling rejecting Stonewater Roofing's claim that a Texas statute violated free speech and due process rights.
May 30, 2024
Cozen O'Connor’s Global Insurance Department's Claims Notes provides quick, to-the-point summaries of national insurance developments, including notable insurance decisions, legislation, trends, and regulatory guidance.
May 21, 2024
The New York Supreme Court recently weighed in on what constitutes “reasonable care” to maintain heat in the context of a first-party insurance policy exclusion requiring such reasonable care. In Michael Zimmerman v. Leatherstocking Cooperative Insurance Company, CV-23-0362, 2024 NY Slip Op 02113...
April 29, 2024
Cozen O'Connor’s Global Insurance Department's Claims Notes provides quick, to-the-point summaries of national insurance developments, including notable insurance decisions, legislation, trends, and regulatory guidance.
March 26, 2024
Cozen O'Connor’s Global Insurance Department's Claims Notes provides quick, to-the-point summaries of national insurance developments, including notable insurance decisions, legislation, trends, and regulatory guidance.
March 25, 2024
In BCC Partners, LLC v. Travelers Prop. Cas. Co. of America, 2024 WL 1050117 (E.D. Mo. March 11, 2024), the Court determined that the plaintiff property owner, as an additional insured, was not entitled to the same insurance coverage as the named insured where the builder’s risk policy limited the...
March 18, 2024
A federal court recently held that an insurer could not deny coverage under a homeowner’s policy based upon the failure of the named insured’s son, an “insured person,” to submit to an examination under oath (“EUO”). In Michelle Adeola v. Allstate Vehicle and Property Insurance Company, Civil...
March 12, 2024
The United States District Court for the Western District of Washington decided an insurance coverage case involving Plaintiffs Benny and Guangying Cheung and Defendant Allstate Vehicle and Property Insurance Company. Cheung v. Allstate Vehicle & Prop. Ins. Co., No. C22-1174 TSZ, 2023 WL...
March 04, 2024
In Carrico v. Stillwater Ins. Co., 23-CV-349-RAJ, 2024 WL 308106 (W.D. Wash. Jan. 26, 2024), the Western District of Washington considered competing motions for partial summary judgment in a property damage case involving a winter storm, where large amounts of rain and melted snow backed the drain...
February 27, 2024
Cozen O'Connor’s Global Insurance Department's Claims Notes provides quick, to-the-point summaries of national insurance developments, including notable insurance decisions, legislation, trends, and regulatory guidance.
February 13, 2024
Karl Schulz reviews a Texas Supreme Court finding on a key issue concerning appraisal that was dividing lower Texas state courts and Texas federal district courts.
January 16, 2024
Introduction
In a case of first impression, the United States District Court for the District of Columbia (applying Illinois law) rejected a LEG3 exclusion as ambiguous. See S. Capitol Bridgebuilders “SCB” v. Lexington Ins. Co., 2023 U.S. Dist. LEXIS 176573 (D.D.C. Sep. 29, 2023). The London...
January 03, 2024
Vincent Passarelli’s analysis of the recent Kansas decision from the Sina Davani v. Travelers Personal Insurance Company and Geico Insurance Agency, LLC case was featured in the CLM National December 2023 column.
November 09, 2023
A federal court recently held that an insurer may deny coverage under a homeowner’s policy for a “residence premises” when the insured never actually lived at the premises. In Sina Davani v. Travelers Personal Insurance Company and Geico Insurance Agency, LLC, Case No. 22-1244 (D. Kan. October 26,...
October 17, 2023
Law360 covered the recent expansion to the firm’s insurance litigation practice by adding Julie E. Van Wert, David M. Berke, Jerome P. Doctors, and Rangi Perera in Los Angeles and Christopher Tramonte in Houston.
August 29, 2023
The Southern District of Texas recently held that an appraisal award did not establish liability for a covered loss under the policy. In Hoff v. Meridian Sec. Ins. Co., 2023 WL 5192013 (S.D. Tex. Aug. 11, 2023), Meridian Security Insurance (“Meridian”) insured Flemming Hoff (“Hoff”). After filing...
August 16, 2023
The First Circuit rejected the insured’s argument that an insurer’s purported “actual knowledge” of a claim is sufficient to comply with the policy.
May 10, 2023
Stephen P. Pate co-authored the article, “Should I Stay or Should I Go? Recent Developments and Special Situations Impacting Removal in Insurance Cases” for the Defense Research Institute’s (DRI) May issue of For The Defense.
March 29, 2023
From 2019 to 2022, the Florida Legislature enacted four separate property insurance reforms that sought to rein in abusive property insurance litigation fueled by one-way attorney’s fee shifting and an army of professional plaintiffs filing lawsuits pursuant to assignments of benefits. In its...
June 30, 2022
Alycen A. Moss and Elliot Kerzner wrote an expert analysis column titled, “Property Insurance Coverage Can Hinge On 'Riot' Or 'Protest'” for Law360.
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.
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.
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 18, 2022
Donnie Apodaca contributed a practice note in LexisNexis Practical Guidance.
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.
December 03, 2024
Valerie Sworn has been named to the “Top 40 Under 40” in Texas by The National Black Lawyers (NBL) Association. This exclusive recognition is reserved for the top 40 under 40 African American lawyers in each state, recognized for their outstanding legal skills and professional contributions.
September 23, 2024
Alexandra Campau, Nathan Dooley, Kyle Farnam, Paul Ferland, Matthew Glavin, Aaron Lukas, Dana Meyers, and Judd Serotta were all promoted to shareholder.
September 17, 2024
Stephen P. Pate and A. Martin Wickliff, Jr. were recognized as 2024 Texas Super Lawyers.
August 26, 2024
ATLANTA, August 26, 2024 – Alycen A. Moss, co-vice chair of Cozen O'Connor’s Global Insurance Department, has received the Pro Bono Service Award for her outstanding pro bono contributions to the Georgia Legal Services Program (GLSP) and its Piedmont region.
August 09, 2024
ATLANTA, August 9, 2024 – Alycen A. Moss, co-vice chair and Eastern regional manager of Cozen O'Connor’s Global Insurance Department, has been appointed to the Federation of Defense & Corporate Counsel's board of directors for 2024 – 2025.
May 01, 2024
CHICAGO, May 1, 2024 — Stephen P. Pate, member of the Global Insurance Department and co-chair of the property insurance practice, has been named president-elect of the American College of Coverage Counsel (ACCC) at the Annual Business Meeting at the 2024 Annual Meeting in Chicago, Illinois.
March 20, 2024
Alycen Moss, co-vice chair of Cozen O'Connor's Global Insurance Department, has been named one of Law 360's 2024 Insurance Authority Property Editorial Advisory Board members for the third year.
March 05, 2024
Ira Bodenstein, Jack Carriglio, Janet Davis, John Dunn, Mitch Edlund, Wendy Enerson, Gary Gassman, Tia Ghattas, Jeremy Glenn, Erin Bolan Hines, Mark Rabinowitz, Peter Roberts, Brian Shaw, Joseph Tilson, Julie Trester, Peter Valeta, Anna Wermuth, and Brian Williams were recognized as Leading Lawyers, Christina Sanfelippo was recognized as an Emerging Lawyer.
February 12, 2024
Recognized by their peers in Georgia as Super Lawyers are Kenan Loomis and Alycen Moss. Luciana Aquino, Dakota E. Knehans, and Danielle C. Le Jeune were named “Rising Stars,” a list that recognizes attorneys under the age of 40.
January 29, 2024
The Cozen O’Connor attorneys who have been recognized by their peers in Illinois as Super Lawyers are Jack Carriglio, Janet Davis, Jeremy Glenn, Allen Guon, Peter Roberts, Brian Shaw, Joe Tilson, and Anna Wermuth. Amy Doig, David Doyle, and Corey Hickman were named to this year’s Illinois Rising Stars list. This is Hickman’s first year on the Rising Stars list.
January 04, 2024
John R. Ewell was quoted in the Law360 article “The Top Environmental Insurance Trends Of 2024.” The article looks at a few of the most important environmental stories in insurance over the past year, while considering how things might shape up in 2024.
October 16, 2023
Julie E. Van Wert, David M. Berke, Jerome P. Doctors, and Rangi Perera joined in Los Angeles and Christopher Tramonte joined in Houston.
September 20, 2023
Alycen A. Moss, co-vice chair of Cozen O'Connor’s Global Insurance Department, was quoted in the recent article “Opioid Maker Faces Uphill Coverage Battle Before 11th Circ.” by Law360.
September 19, 2023
HOUSTON, September 18, 2023 – Two Cozen O’Connor attorneys were named 2023 Texas Super Lawyers. Joseph A. Ziemianski and Stephen P. Pate were recognized for Insurance Coverage.
August 10, 2023
ATLANTA, August 10, 2023 – Alycen A. Moss, co-vice chair of Cozen O'Connor’s Global Insurance Department, has been appointed to the Federation of Defense & Corporate Counsel's Board of Directors for 2023-2024.
July 28, 2023
These lists recognize lawyers “mastering,” “leading,” “revolutionizing,” and “dominating” their fields in their respective states and nationwide.
July 28, 2023
Alycen A. Moss, co-vice chair of the Global Insurance Department and co-chair of the firm’s Property Insurance Group, has been named a 2023 recipient of the Federation of Defense & Corporate Counsel’s Joseph R. Olshan Award.
July 12, 2023
ATLANTA – Wednesday, July 12, 2023 - Alycen Moss, a member of Cozen O'Connor's Global Insurance Department, has been named one of Law 360's 2023 Insurance Authority Property Editorial Advisory Board members.
July 10, 2023
Cozen O'Connor's Aviation (Litigation/Regulation), Construction, L&E, M&A (Midmarket), Shipping (Finance and Litigation/Regulation) practices were ranked by the Legal 500.
May 11, 2023
CHICAGO, May 11, 2023 — Stephen P. Pate, member of the Global Insurance Department, has been named secretary-treasurer of the prestigious American College of Coverage Counsel (ACCC) at the 2023 Annual Meeting in Chicago, Illinois.
February 10, 2023
Recognized by her peers in Georgia as Super Lawyers is Alycen Moss. Luciana Aquino and Danielle C. Le Jeune were named “Rising Stars,” a list that recognizes attorneys under the age of 40.
August 05, 2022
Alycen Moss received the prestigious Andrew C. Hecker Award, presented annually by the Federation of Defense and Corporate Counsel (FDCC) to the member who authors the year's most outstanding article in a federation publication.
August 05, 2022
John R. Ewell was quoted in the expert analysis “Property Insurance Cases Of Note From The 1st Half Of 2022” by Law360.
August 01, 2022
Alycen Moss, co-chair of the Property Insurance Group, was quoted in the article “Property Insurance Cases To Watch In The 2nd Half Of 2022” by Law360.
July 15, 2022
Alycen A. Moss was quoted in this month’s Between the Lines Column for the Claims and Litigation Management Alliance.
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.