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   In Builders' Mutual Ins. Co. v. Glascarr Prop., Inc., No. COA09-486, 2010 N.C. App. LEXIS 186, (N.C. Ct. App. Feb. 2, 2010), the court found no coverage for loss caused by mold because of the anti-concurrent causation clause.  Whether reliance on the anti-concurrent causation clause was correct is difficult to determine from the facts…

   After the insureds' home was damaged by Hurricane Wilma, they filed a claim for reimbursement.  Sunshine paid the claim and closed the file.  See Sunshine State Ins. Co. v. Corridori, No. 4D09-2502, 2010 Fla. App. LEXIS 915 (Fla. Dist. Ct. App.Feb. 3, 2010).  Two years later, the insureds submitted a "supplemental" claim for damage discovered…

   How long can an insurer wait after denying coverage before insisting upon an appraisal?  In Sanchez v. Prop. and Cas. Ins. Co. of Hartford, No. H-09-1736, 2010 U.S. Dist. LEXIS 6295 (S.D. Tex. Jan. 27, 2010), waiting eleven months after a coverage dispute became clear waived the insurer's right to invoke an appraisal.

   The insured's home was…

   The insureds' negligence claim against the insurer for failing to recommend the purchase of business interruption insurance survived the insurer's motion for partial summary judgment in St. Augustine High School v. Underwriters at Lloyd's of London, No. WMN-08-CV-2518, 2010 U.S. Dist. LEXIS 6570 (D. Md. Jan. 27, 2010).

   St. Joseph Society was…

   The ABA, Section of Litigation, Insurance Coverage Litigation Committee's annual insurance seminar will be held again this year in Tucson from March 4-6, 2010.  As always, this year's conference will offer a number of informative, cutting edge sessions on a variety of insurance-related topics.  Participants from across the country with varying perspectives on insurance coverage will attend. …

   Is an insurer exposed to bad faith if it relies upon its own mistake to withhold payment under the policy?  The court answered yes in Lundy Enterprises, LLC v. Wausau Underwriters Ins. Co., No. 06-3509, 2009 U.S. Dist. LEXIS 121295 (E.D. La. Dec. 30, 2009).

   Wausau provided commercial property coverage for the insured's…

   The insured's home was extensively damaged by wind and rain resulting from Hurricane Katrina.   See Belonga v. Auto Club Family Ins. Co., No. 09-476, 2009 U.S. Dist. LEXIS 118643 (E.D. La. Dec. 21, 2009).  When purchased in 2003, the home was appraised at $114,000.  An adjuster addressing the insured's flood claim reported, however, the home had…

   If the insurer pays for adjusted flood damage, can the insured sue for additional coverage when no proof of loss is filed?  Following its own precedent, the Fifth Circuit determined no coverage was due above the adjusted amount when the insured failed to file a proof of loss ("POL").  See Talbott v. Fidelity Nat. Ins. Co.…

   In an opinion primarily concerned with the intricacies of pleading under the False Claims Act, the Louisiana federal district court addressed allegations that insurers shifted Katrina claims from homeowners' to flood policies.  See United States ex rel. Branch Consultants, L.L.C. v. Allstate Ins. Co., No. 06-4091, 2009 U.S. Dist. LEXIS 101155 (E.D. La. Oct. 19…

   Fourteen months after Hurricane Ike hit the Gulf coastline of Texas, the initial onslaught of litigation is starting to surface in reported decisions.  Our first post of undoubtedly many Hurricane Ike cases to come addresses a motion for remand after a coverage dispute was removed to federal court.  See Lakewood Chiropractic Clinic v. Travelers Lloyds Ins. …