INSURASALES

$410M Fire-Damaged Art Insurance Dispute Involves Top U.S. Insurers

A $410 million insurance coverage dispute is ongoing in Manhattan involving fire-damaged artworks owned by a group of collectors led by financier Ron Perelman. The damage occurred in a 2018 residential fire that affected high-value pieces by artists including Andy Warhol, Edward Ruscha, and Cy Twombly. According to the plaintiffs, the fire, along with water, smoke, soot, and moisture, degraded these works leading to substantial insurance claims. Insurers such as Lloyd's, AIG Property Casualty Co., Great Lakes Insurance SE, Swiss Re International SE, and Chubb Ltd.'s Federal Insurance Co. have paid $141 million but dispute full coverage under policy terms.

Court documents specify that primary liability coverage was provided up to $200 million by Lloyd's, Great Lakes, and Swiss Re, with AIG and Federal providing excess layers capped at $200 million each. The artworks insured under scheduled policies include pieces valued between $50 million and $125 million, highlighting the significant financial exposure and the structured nature of fine art insurance policies, which assign fixed values to individual items and often provide all-risk coverage except for gradual deterioration.

This case underscores the complex nature of fine art insurance underwriting, involving high premiums ranging typically from 1% to 2% of insured values annually. Premium pricing reflects not just the art's rarity but factors such as geographic risk, storage conditions, and security systems, all critical for insurability assessments. The plaintiffs emphasize that valuation methods accounted for replacement premiums and market incentives, which form a basis for premium calculations.

Industry data indicates that most fine art claims arise from accidental damage during transit or handling rather than fire or theft. Insurers in this dispute are scrutinizing storage, movement history, and handling protocols to evaluate damage causation comprehensively. "Nail-to-nail" coverage protects artworks throughout transit, a standard consideration for high-value items to manage significant risk exposures.

Disagreement persists over the nature and extent of the damage, with insurers disputing claims of physical harm and suggesting some reported damage may not be covered under policy definitions, such as "invisible damage." Additionally, insurers reference financial documents highlighting margin call struggles and a potential sale of one artwork, suggesting the claim may be financially motivated rather than a reflection of actual loss. The ongoing trial continues to evaluate these conflicting positions on valuation and damage claims.