The South Carolina Supreme Court held that a post-loss assignment of rights under the policy was valid even though consent of the insurer was not requested. PCS Nitrogen, Inc. v. Cont’l Cas. Co., 2022 S.C. LEIXS 54 (S.C.
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District Court: City Liable For Physical Taking For Destroying Home While Apprehending A Criminal

Here’s a pretty rare one: a trial court entering summary judgment on liability in favor of the property owner in a takings case. Yes, you read that right.
And to top it off, this ruling comes in a case in…
Hawaii Legislature Passes Two Insurance-Related Bills in 2022 Session
The 2022 Hawaii legislative session has adjourned with two insurance-related bills passed and and now pending before the governor. The new legislation amends existing statutes that are not within the everyday parlance of coverage lawyers. The bills are as follows:…
Texas: City Illegally Cutting Off Utilities Isn't A Taking – It Needs To Be Regulating "Land Use"

In City of Baytown v. Schrock, No. 20-0309 (May 13, 2022), the Texas Supreme Court held that it isn’t a taking when a city, in violation of state law, cuts off utility services to property.
The issue, as the…
Insurers Must Defend Allegations of Faulty Workmanship
Granting the insured’s motion for partial judgment on the pleadings, the court determined the insurers had a duty to defend. Suez Treatment Solutions, Inc. v. Ace Am. Ins. Co. & Liberty Mut. Fire Ins. Co., 2022 U.S. Dist.…
Who Let The Dogs In? Property Owners Challenge Virginia's "Right to Retrieve" Law That Allows Hunters (& Dogs) To Trespass

After the U.S. Supreme Court in Cedar Point Nursery reminded everyone that the Court’s longstanding focus on the right to exclude others as one of the most fundamental of property rights is as fresh today as it ever was (see…
Cal: A "mandated-but-temporary" Business Closure Isn't A Penn Central Taking

Yet another case rejecting a takings claim for a Co-19 related business shut down.
In 640 Tenth, LP v. Newsom, No. D070339 (May 13, 2022) the court expressed sympathy for the property owners who have been required to shoulder…
Insurer in Bad Faith Due to Adjuster’s Failure to Keep Abreast of Case Law
The federal district court found that the insurer acted in bad faith when the claim was denied based on the adjuster’s lack of knowledge of recent case law in Washington. Sec. Nat’l Ins. Co. v. Constr. Assocs. of…
It Isn't An "Easement" When Condemnor Is Taking Everything, Permanently
Lawprof Saxer On Jotwell: "The Impact of Knick on Regulatory Takings and Those Pesky Lucas Exceptions"

Check this out: Pepperdine lawprof Shelley Saxer has a piece in Jotwell, “The Impact of Knick on Regulatory Takings and Those Pesky Lucas Exceptions,” a review of U. Hawaii lawprof David Callies’ book, “Regulatory Takings After…