When the insurer opted to repair the insured's damaged property, the insurer did not agree with the scope of the repairs. The Florida Court of Appeal reversed the trial court's dismissal of the insured's lawsuit challenging the extent of the repairs. Robinson v. Florida Peninsula Ins. Co., 2015 LEXIS 16983 (Fla. Ct. App.
First Party Insurance
Stacking of Service Interruption and Contingent Business Interruption Coverages Permitted
By Tred R. Eyerly on
The court found that stacking of interruption coverages was allowed based up the language of the policy. Lion Oil Co. v. Nat'l Union Fire Ins. Co., 2015 U.S. Dist. LEXIS 148261 (W.D. Ark. Nov. 2, 2015).
The insured's oil line was ruptured, causing an interruption of crude oil delivery service. The…
No Coverage for Restoring Aesthetic Uniformity
By Tred R. Eyerly on
The court found there was no coverage regarding aesthetic uniformity between new materials installed after water damage occurred and the rest of the building. Great Am. Ins. Co. of New York v. The Towers of Quayside No. 4 Condominium Assoc., Case No. 15-CV-20056-King (U.S. Dist. Ct., S.D. Fla., Nov. 5, 2015).
The…
Question of Parties’ Intent Prevents Summary Judgment for Insurer
By Tred R. Eyerly on
The insurer's and insured's intent as to which entities were to be insured prevented the insurer's motion for summary judgment. Chaus v. State Farm Fire & Cas. Co., 2015 U.S. Dist. LEXIS 136311 (E.D. La. Oct. 5, 2015).
Water damage from a broken pipe occurred at the insured's building. Blaze Chaus LLC…
Insured’s Claim for Replacement Cost Denied
By Tred R. Eyerly on
The Illinois Appellate Court affirmed the trial court's ruling that the insured was only entitled to the actual cost value of his loss, not the replacement cost. Lytle v. Country Mutual Ins. Co., 2015 Ill. App. LEXIS 756 (Sept. 30, 2015).
The insured's home was built around 1903. On June 21…
No Coverage For Damage Caused by Chinese Drywall
By Tred R. Eyerly on
The Florida Court of Appeals determined that there was no coverage for damage to the insured's home caused by the installation of Chinese drywall. Peek v. Am. Integrity Ins. Co., 2015 Fla. App. LEXIS 14147 (Fla. Ct. App. Sept. 25, 2015).
Chinese drywall was installed in the Peek's new home. After moving…
Flood Insurance Claim Filed in State Court Properly Dismissed
By Tred R. Eyerly on
The insureds' claim for flood coverage filed in state court was properly dismissed by the trial court. Rodriguez-Roble v. Am. Nat'l Prop. & Cas. Co., 2015 La. App LEXIS 1810 (La. Ct. App. Sept. 23, 2015).
The insureds' home was damaged by wind, rain and flood water during Hurricane Isac. The insureds…
Expert Excluded After Never Viewing Damaged Property
By Tred R. Eyerly on
Plaintiff's expert was excluded for never having seen the property. Wehman v. State Farm Fire and Casualty Co., 2015 U.S. Dist. LEXIS 117445 (D. N.J. Sept. 3, 2015).
Plaintiff's home was damaged by Superstorm Sandy on October 29, 2012. He reported his loss to State Farm on Octorber 25, 2013, claiming that…
Testimony from Insureds’ Expert Limited By Motion In Limine
By Tred R. Eyerly on
The court considered the scope of testimony to be offered by the insureds' expert regarding a policy written for sanitation districts. Binghamton-Johnson City Joint Sewage Bd. v. Am. Alternative Ins. Corp., 2015 U.S. Dist. LEXIS 112210 (N.D. N.Y. Aug. 25, 2015).
The city of Binghamton and the city's Sewage Board sued American…
No Coverage Under Anti-Concurrent Causation Clause
By Tred R. Eyerly on
The policy's anti-concurrent causation clause blocked coverage for damage to the home caused by wind and flood. Clarke v. Travco Ins. Co., 2015 U.S. Dist. LEXIS 104267 (S.D.N.Y. Aug. 7, 2015).
The insured's home was located about twenty feet from the Hudson River. Hurricane Sandy caused the river to rise, creating damage…