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Substantial Evidence of Flood Loss is Not a Substitute for Required Proof of Loss
The court found that the insurer properly denied the insured’s claim for loss due to flood because a proof of loss was never submitted. Bay Haven at Coco Bay Condominium Association, Inc. v. Hartford Ins. Co. of the Midwest, 2026 U.S. Dist. LEXIS 6847 (M.D. Fla. Jan. 14, 2026).
Bay Haven managed several condo buildings.
Insured’s Claim Against Insurer for Misrepresentation in Providing Policy Fails
The insured’s claim that the insurer breached its duty to advise on coverage offered by the policy failed. Piatt Lake Bible Conference Ass’n v. Church Mutual Ins. Co., 2026 U.S. App. LEXIS 1095 (6th Cir. Jan. 13, 2026).
Piatt Lake Bible Conference Association held a blanket insurance policy with Church Mutual insuring several buildings
Insurer’s Federal Suit Dismissed in Favor of Insured’s State Suit
The federal district court granted the insured’s motion to dismiss the insurer’s federal suit for declaratory judgment because the insured filed a more complete action in state court. Church Mut. Ins. Co. v. Elmwood Baptist Church, 2025 U.S. Dist. LEXIS 259762 (S.D. W.V. Dec. 16, 2025).
Elmwood purchased a property policy from Church Mutual
Agent Not Liable for Loss Given Insured’s Vague Instructions for Coverage
The Illinois Appellate Court affirmed the district court’s grant of summary judgment to the insured’s agent because there was no breach of duty. Jon Van Order v. Hauk, et al., 2025 Ill. App. Unpub. LEXIS 2378 (Ill. Ct. App. Dec. 23, 2025).
The insured began renovating a vacant home in October 2018. He met
Policy Provision Prohibiting the Hiring of Public Adjuster Upheld
The federal district court denied the public adjuster’s challenge to the policy provision prohibiting insureds from retaining public adjusters. Barbato v. Interstate Fire & Cas. Co., 2025 U.S. Dist. LEXIS 259094 (S.D.N.Y. Dec. 15, 2025).
North Jersey Public Adjusters, Inc. (NJPA) alleged the insurer issued a policy to the insured covering the insured’s apartment
ICLC Presentation – Fraud
My colleague, Karin Aldama of Gallagher & Kennedy in Phoenix, and I facilitated a lunch round table discussion today at the ABA’s Insurance Coverage Litigation Committee seminar. We addressed “When Does Fraud Vitiate My Policy?”
Damage from Frozen Pipes Excluded from Coverage
Applying Texas law, the federal district court found there was no coverage for damage to the insured’s commercial building due to the bursting of frozen pipes. Barona v. State Farm Lloyds, 2025 U.S. Dist. LEXIS 257379 (S.D. Texas Dec. 12, 2025).
Freezing weather froze Barona’s plumbing fixtures, causing significant water damage to the commercial property
Assault and Battery Exclusion Bars Coverage
The federal district court granted the insurer’s motion for summary judgment after finding there was no coverage based upon the policy’s assault and battery exclusion. Cincinnati Specialty Underwriters Ins. Co. v. Mainline Private Security, LLC, 2025 U.S. Dist. LEXIS 259938. (E.D. Pa. Dec. 26, 2025)
Mainline Private Security, LLC provided security guard services to
ABA Insurance Coverage Litigation Committee Seminar Set for Tucson
Headed to Tucson next week to attend the ABA’s annual Insurance Coverage Litigation Committee seminar. Always great presentations and discussions on a variety of coverage topics. Along with my co-facilitator, Karin S. Aldama, we will lead a discussion on “Why Does Fraud Vitiate My Policy?” Looking forward to it, as always.
Here is the seminar