The federal district court agreed that a challenge to State Farm's practice of depreciating sales tax when calculating actual cash value (ACV) benefits payments to policyholders could go forward as a class action. Pitkin, et al. v. State Farm Fire and Cas. Co., 2025 U.S. Dist. LEXIS 134948 (July 15, 2025, N.
Expert Witnesses
Motion to Strike Insureds’ Experts Denied, Unfair Claim Settlement Claims Survive Summary Judgment
By Tred R. Eyerly on
The court denied the insurer's motion to strike the insureds' expert witnesses, and denied the insurer's motion to dismiss all claims raised under the state's unfair claims settlement act. Gerstman v. Crestbrook Ins. Co., 2025 U.S. Dist. LEXIS 108705 (N.D. Tex. June 9, 2025).
The insureds' property suffered damage when…
Motion to Strike Insureds’ Experts Denied, Claims under Fair Claims Settlement Act Survives Summary Judgment
By Tred R. Eyerly on
The court denied the insurer's motion to strike the insureds' expert witnesses, and denied the insurer's motion to dismiss claims under the Texas fair claims settlement act. Gerstman v. Crestbrook Ins. Co., 2025 U.S. Dist. LEXIS 108705 (N.D. Tex. Jun 9, 2025).
The insureds' property suffered damage when, during a…
Collapse Claim Denied After Insured’s Failure to Meet Suit Limitation Deadline
By Tred R. Eyerly on
The insured's claim for collapse of a building was denied after failing to file suit within the two-year limitation set forth in the policy. 94 Broad Street, LLC v. The Hartford Financial Services Group, Inc., 2025 Conn. Super. LEXIS 112 (Conn. Super. Ct. Jan. 24, 2025).
The insured had a…
Court Denies Insurer’s Motion for Summary Judgment on Breach of Contract Claim and Further Denies Motion to Exclude Insured’s Expert
By Tred R. Eyerly on
The court denied the insurer's Motion for Summary Judgment seeking to dismiss the insured's breach of contract claim. The court also denied the insurer's Daubert motion to exclude the insured's expert witness. Ram Krishana Inc. v. Mt. Hawley Ins Co., 2025 U.S. Dist. LEXIS 18912 (S.D N.Y Feb. 3, 2025).
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Insurer’s Motion to Compel Inspection Denied
By Tred R. Eyerly on
The court denied the insurer's motion to compel an inspection of the insured's residential rental property and the insurer's request for attorney fees. Bradley v. Evanston Ins. Co., 2025 U.S. Dist. LEXIS 14522 (E.D. La. Jan. 27, 2025).
Plaintiff suffered damage to her property due to Hurricane Ida. Evanston insured…
Insureds’ Not Entitled to Recovery for Partial Collapse
By Tred R. Eyerly on
The Sixth Circuit affirmed the District Court's decision that the insureds could not recover for a partial collapse of a wall. Builders Mut. Ins. Co. v. GCC Construction, LLC, 2024 U.S. App. LEXIS 31518 (6th Cir. Dec. 11, 2024).
Tahini Main Street bought a century-old building in Chattanooga, Tennessee. The building…
Portions of Insured’s Expert’s Opinions Stricken
By Tred R. Eyerly on
The court granted in part, denied in part, the insurer's motion to strike the expert report submitted by the insured's expert expressing opinions on coverage. Allied World Nat'l Assurance Co. v. MNS's Expert NHC, Inc., 2024 U.S. Dist. LEXIS 220680 (D. Haw. Dec. 5, 2024).
Allied World denied coverage to…
Portions of Policyholder’s Expert’s Opinions Excluded
By Tred R. Eyerly on
The federal district court granted, in part, the insurer's motion to exclude portions of expert testimony. Tundra M. Holdings, LLC v. Markel Ins. Co., 2023 U.S. Dist. LEXIS 139952 (D. Alaska Aug. 10, 2023).
Plaintiff alleged a building it owned suffered damages consisting of building roof failure due to snow…
Insureds’ Experts Insufficient to Survive Insurer’s Motion for Summary Judgment
By Tred R. Eyerly on
The magistrate recommended that insurer's motion for summary judgment be granted due to the insureds' expert's inability to present genuine issues of material fact. Walker v. Century Sur. Co., 2023 U.S. Dist. LEXIS 142408 (E.D. Texas July 17, 2023).
The insureds' property sustained damage from Hurricane Laura. Colonial Claims inspected…