Interesting read from the Insurance Technology website [here]. The article states what appears to be the obvious. In the aftermath of Hurricane Irene, the insurer may be less than accommodating when claims are reported and adjusted. The article reports that not every claim becomes a nightmare. But, "[w]ith more than a million homeowner claims and
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Insurance Fallout from Hurricane Irene
By Tred R. Eyerly on
As noted in today's Christian Science Monitor [here], the insurance implications for losses caused by Hurricane Irene will be tempered by at least two factors. First, much of the damage was caused by flood, a peril not covered under a home owner's or commercial property policy. Only if the insured has additional…
Fifth Circuit Revisits Interpretation of Anti-Assignment Provision
By Tred R. Eyerly on
Our prior post reported on the Fifth Circuit's certified question to the Louisiana Supreme Court regarding anti-assignment provisions in policies assigned to the State. Louisiana distributed funds from the "Road Home" program to Louisiana homeowners to repair uninsured and under-insured property damaged by hurricanes. Before funds were issued, the homeowners had to sign a…
Texas Law Bars Coverge Under Homeowner’s Policy for Mold Damage
By Tred R. Eyerly on
Although the insurer paid for some of the mold damage at the insured's home, the Fifth Circuit eventually determined the homeowner's policy did not cover such damage. Rooters v. State Farm Lloyds, 2011 U.S. App. LEXIS 12306 (5th Cir. June 15, 2011).
The policy excluded loss caused by hail to personal property…
Exclusions Bar Coverage for Damage Caused by Chinese Drywall
By Tred R. Eyerly on
The insured homeowners were unsuccessful in arguing around the policy's exclusions when seeking coverage for damage caused by Chinese drywall. Ross v. C. Adams. Constr. & Design, L.L.C., 2011 La. App. LEXIS 769 (La. Ct. App. June 14, 2011).
Before the insureds purchased and moved into their home, it was renovated. After moving…
Ensuing Loss Provision Held Unambiguous
By Tred R. Eyerly on
At issue was whether damage caused by a crane landing on a building during a tropical storm was covered as an ensuing loss. See Certain Interested Underwriters at Lloyd's London v. Chabad Lubavitch of Greater Ft. Lauderdale, Inc., 2011 Fla. App. LEXIS 8403 (Fla. Ct. App. June 8, 2011).
The insured had two policies…
Court Decides Which Documents Insurer Can Withhold From Discovery
By Tred R. Eyerly on
The insurers' resistance to discovery requests was before the court in Cummins, Inc. v. Ace Am. Ins. Co., et al., 2011 U.S.Dist. LEXIS 46984 (D. Ind. May 2, 2011).
The factual background involved coverage Cummins sought for severe flood damage at its main corporate campus. The insurers had paid over $91 million…
Policyholder Fails to Build Adequate Record to Support Bad Faith Claim
By Tred R. Eyerly on
The importance of careful preparation and documentation was the take away lesson in a Texas bad faith case, C.K. Lee v. Catlin Specialty Ins. Co., 2011 U.S. Dist. LEXIS 19145 (S.D. Tex. Feb. 28, 2011).
C.K. Lee owned a commercial shopping center in Houston. Catlin issued a commercial property policy to Lee. …
Mortgagor Not Liable For Failing to Procure Coverage
By Tred R. Eyerly on
Failing to understand the relationship between himself, his mortgage company, and his insurer, the plaintiff was left without coverage for damage caused by Hurricane Katrina. Dace v. Novastar Mortgage Inc., 2011 La. App. Unpub. LEXIS 233 (La. Ct. App. April 13, 2011).
Novastar held the mortgage on the plaintiff's property in New Orleans. There were…
Claim for Lost Business Opportunities Survives Summary Judgment
By Tred R. Eyerly on
Lost business opportunities after Hurricane Katrina hit was the issue before the court in Safeguard Storage, Properties, L.L.C. v. Donahue Favret Contractors, Inc., 2011 La. App. LEXIS 391 (La. Ct. App. March 31, 2011).
Safeguard planned to develop a minimum of twelve to fifteen new self-storage locations each year for several years. Market…