The insurer successfully moved to dismiss the insured's negligence claim and demand for jury trial, leaving only the insured's breach of insurance contract claim under the National Flood Insurance Program (NFIP). La Mirage Homeowners Association Inc. v. Wright National Flood Ins. Co., 2019 U.S. Dist. LEXIS 147667 (S.D. Tex. Aug 29, 2019).
First Party Insurance
Insurer’s Quote on Coverage for Theft by Hacker Creates Issue of Fact
By Tred R. Eyerly on
The appellate court found that the insurer's quote created an issue of fact on whether loss caused by a computer hacker would be covered. Metal Pro Roofing, LLC v. Cincinnati Ins. Co., 2019 Ind. App. LEXIS 355 (Ind. Ct. App. Aug. 9, 2019).
The insureds, Metal Pro Roofing, LLC and…
Insurer Must Pay for Matching Siding of Insured’s Buildings
By Tred R. Eyerly on
The Seventh Circuit found that the insurer was obligated to pay for siding of a building that was not damaged by hail so that it matched the replaced damaged portions of the siding. Windridge of Naperville Condominium Association v. Philadelphia Indem. Ins. Co., 2019 U.S. App. 23607 (7th Cir. Aug. 7, 2019). …
Insurer’s Motion for Summary Judgment to Reject Collapse Coverage Denied
By Tred R. Eyerly on
The insurer unsuccessfully moved for summary judgment seeking to reject the insured's collapse claim. Gnannn v. United Servs. Auto, Ass'n, 2019 Conn. Super. LEXIS 1955 (Conn. Super Ct. July 11, 2019).
The insureds' home was built in 1985 and they purchased their home in 1993. A home inspection reported that…
Shoring of Ceiling Does Not Constitute Collapse Under Policy’s Definition
By Tred R. Eyerly on
Despite the need to shore up the ceiling, the building was not in a state of collapse under the language of the policy. Ravinia Vouge Cleaners v. Travelers Cas. Ins. Co. of Am., 2019 U.S. Dist. LEXIS 123594 (N.D. Ill. July 24, 2019).
Ravinia Cleaners held a property policy issued…
Professor Stempel’s Excpert Testimony for Insurer Excluded
By Tred R. Eyerly on
The court denied Daubert motions for several experts with the exception of Professor Stempel's expert testimony opining that the insurer did not act in bad faith Adell Plastics, Inc. v. Mt. Hawley Ins. Co., 2019 U.S. Dist. LEXIS 102942 (D. Md. June 19, 2019).
A fire demolished several buildings at…
Breach of Contrat Claim Barred by Suit Limitation Provision, Bad Faith Claim Barred by Statute of Limitations
By Tred R. Eyerly on
The insured's breach of contract and bad faith claims were dismissed based upon the suit limitation provision and the statute of limitations. Mail Quip, Inc. v. Allstate Ins. Co., 2019 U.S. LEXIS 87923 (E.D. Pa. May 23, 2019).
Plaintiff alleged that on March 17, 2015, an ink cartridge refill machine…
Endorsement Excludes Replacement of Undamaged Property with Matching Materials
By Tred R. Eyerly on
The court approved the insurer's endorsement which stated the insured would not pay for undamaged property in order to match damaged property. Noonan v. Am. Family Mut. Ins. Co., 2019 U.S. App. LEXIS 15545 (May 24, 2019).
After hail and wind damaged part of the roof in the insureds' home…
Hurricane Insurers Must Submit Data Call Worksheet to Hawaii Insurance Commissioner
By Tred R. Eyerly on
The Hawaii Insurance Commissioner has issued Memorandum 2019 3R, requiring insurers writing residential hurricane coverage at any time in the last 15 years to submit a data call worksheet, or completed survey, to the Insurance Division. The Commissioner explains the information is requested to capture Hawaii-specific information on residential hurricane coverage through a…
Motion to Strike Insurer’s Expert Opinion Granted
By Tred R. Eyerly on
The court granted the insured's motion to strike the testimony of the insurer's expert because the opinion lacked sufficient explanation or analysis. Affinity Mut. Ins. v. Thacker Air Conditioning Refrigeration Heating, 2019 U.S. Dist. LEXIS 84713 (N.D. Ind. May 20, 2019).
The insured owned a market that needed renovations. The…