March 2026

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

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

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?”

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

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