Faced with a motion for judgment on the pleadings filed by several of its insurers, the insured was successful in arguing that the Loss of Attraction endorsement in one insurer's policy allowed the insured to pursue losses suffered by its businesses due to COVID-19. BBX Capital Corp. v. Scottsdale Ins. Co., et
April 2025
Insurer’s Motion to Dismiss Claims by Plaintiff not Named in Policy Fails
By Tred R. Eyerly on
The federal district court denied the insurer's motion to dismiss even though the plaintiff was not named in the policy. Viccellio v. Foremost Pro. & Cas. Ins. Co., 2025 U.S Dist. LEXIS 61590 (M.D. La. March 31, 2025).
Plaintiff's residence sustained damage from Hurricane Ida. Plaintiff timely notified the insurer…
Cross Motions for Summary Judgment Denied in Collapse Claim
By Tred R. Eyerly on
The court denied cross-motions from the insured and the insurer after the insured’s dwelling suffered a collapse of the ceiling. Simons v. Fed. Ins. Co., 2025 U.S. Dist. LEXIS 75839 (C.D. Calif. March 4, 2025).
Gary Simons bought a second home located in Park City, Utah (“Utah Property”) that was…
Insured’s Challenge to Use of Xactimate Software to Determine Repair Costs for Damage Fails
By Tred R. Eyerly on
The insurer's motion for summary judgment to dismiss the insured's complaint challenging the use of Xactimate to determine the repair costs for fire damage was granted. Belotti v. State Farm Fire & Cas. Co., 2025 U.S. Dist. LEXIS 54471 (M.D. Pa. March 25, 2025).
Plaintiffs' home was damaged by fire.
Alaska Supreme Court Finds Carbon Monoxide is Not a Pollutant Excluding Coverage
By Tred R. Eyerly on
In answering a certified question from the Ninth Circuit, the Alaska Supreme Court determined that an insured could reasonably expect coverage for injuries resulting form exposure to carbon monoxide from an improperly installed home applicance.
Josiah Wheeler rented a cabin owned by Deborah Overly and Terry Summers. While living in the…
Absent Separate Covered Peril, Ensuing Loss is Not Applicable
By Tred R. Eyerly on
The Eighth Circuit affirmed the district's granting of summary judgment to the insurer, finding that the exclusion for faulty workmanship was applicable despite the ensuing loss provision. Bob Robinson Commercial Flooring Inc. v. RLI Ins. Co., 2025 U.S. App. LEXIS 6369 (8th Cir. March 19, 2025).
The general contractor hired…
Insureds Prevail on Summary Judgment Addressing Responsibility for Water Leak
By Tred R. Eyerly on
The court granted summary judgment to the insureds, finding they were not responsible for a water leak from a drain valve on the tenth floor of the building. Charter Oak Fire Ins. Co. v. Bremermann Mech., Inc., et al., 2025 U.S. Dist. LEXIS 59871 (E.D. La. March 31, 2025).
The…
Homeowner Allowed to Amend Complaint to Demonstrate Third-Party Beneficiary Status Under Lender-Placed Policy
By Tred R. Eyerly on
The homeowner's complaint was improperly dismissed without leave to amend to demonstrate she was a third-party beneficiary of a lender-placed policy on her home. Williams v. Integon Nat'l Ins. Co., 2025 U.S. App LEXIS 6919 (5th Cir. March 25, 2025).
Ellen Williams purchased a home which was mortgaged by Flagstar…
Insurer Must Defend Portions of Claim Arising from Alleged Faulty Workmanship
By Tred R. Eyerly on
The federal district court found that the insurer must defend portions of the underlying case based upon alleged faulty workmanship. Motorist Commercial Mutual Ins. Co. v. Ellison Distributing Inc., 2025 U.S. Dist. LEXIS 35279 (D. Ind,. Feb. 27, 2025).
Daily Feed & Grain, Inc. (DFG) farmed, produced and sold grain. Ellison…
Insured’s Claim Against Broker Fails
By Tred R. Eyerly on
The insured's claim against his broker for failure to secure adequate coverage was dismissed by the federal district court. Galapatos v. Marsh & McLennan Companies, 2025 U.S. Disl. LEXIS 32833 (D. Mass. Feb. 24, 2025).
Nicholas Galapatos purchased a boat (Galani) in 2015 to use in Greece. He retained Marsh…