Bad faith and coverage for looting were at issue in Spears v. State Farm Ins. Co., No. 08-3183, 2009 U.S. Dist. LEXIS 49554 (E. D. La. June 12, 2009). The insureds' home was damaged by Hurricane Katrina on August 29, 2005. A homeowner's policy issued by State Farm provided coverage of up to $179,700 for dwelling and up
First Party Insurance
Insureds Entitled to Additional Flood Coverage in California
By Tred R. Eyerly on
The insureds' home was damaged by a flood in Ross, California, on December 31, 2005. See Cook v. USAA General Indemn. Co., No. C-07-4042, 2009 U.S. Dist. LEXIS 45490 (N.D. Cal. June 1, 2009). The home was insured under a National Flood Insurance Program policy issued by USAA.
The home was located in a flood…
Mississippi Supreme Court Considers Application of Anti-Concurrent Causation Clause
By Tred R. Eyerly on
Here is a report in today's Insurance Journal regarding oral argument conducted last Tuesday before the Mississippi Supreme Court in Corban v. United Services Automobile Assoc., No. 2008-M-645 (Miss.) At issue is the application of the anti-concurrent causation clause where the insured's home was allegedly damaged by both wind and flood. We have previously discussed the Corban…
Bad Faith Claim For Delayed Payment Fails
By Tred R. Eyerly on
The insured's property was damaged during Hurricane Katrina by wind, wind driven rain, flooding, storm surge and water in Jupiter v. Automobile Club Inter-Insurance Exchange, No. 07-1689, 2009 U.S. Dist. LEXIS 44083 May 26, 2009). Plaintiff recovered $225,500 from Allstate, its flood insurance carrier. The insured also held a homeowner's policy with Automobile Club…
Insured’s and Insurer’s Prior Acts Constitute Admissions of Wind and Flood Damage
By Tred R. Eyerly on
Senior Judge Senter from the Southern District of Mississippi continues to be on the front lines of the Katrina insurance coverage battles. In a case headed for trial, Judge Senter recently denied motions by both the insured and insurer attempting to establish estoppel on coverage issues. See Politz v. Nationwide Mut. Fire Ins. Co.…
No Coverage Where Each Possible Efficient Proximate Cause Excluded
By Tred R. Eyerly on
Coverage under a homeowners' policy was denied by State Farm when corrosion surrounding a nail driven through a pipe caused a leak and extensive water damage many years later. See Freedman v. State Farm Ins. Co., B202617 (Cal. Ct. App. May 5, 2009)[here]. The policy provided "all-risk" coverage, but excluded loss from:…
Fifth Circuit Finds Flood Exclusion Ambiguous in Excess Policy
By Tred R. Eyerly on
A mixed result for the insured and excess insurers was reached in Six Flags Inc. v. Westchester Surplus Lines Ins. Co., No. 08-30476, 2009 U.S. App. LEXIS 8273 (5th Cir. April 21, 2009)[here]. Although the Fifth Circuit determined most insurers had no further coverage obligation, the flood exclusion in one excess policy…
Anti-Assignment Clause Does Not Bar Post-Loss Assignment
By Tred R. Eyerly on
It's now late April. Posting on a decision rendered in March, early March at that, breaches a blogger's protocol. And In Re: Katrina Canal Breaches Consolidated Litigation; Pertains to: Road Home, Louisiana State, No. 05-4182, 2009 U.S. Dist. LEXIS 30406 (E.D. La. March 5, 2009), received press when issued. The case allowed individual claims…
Insurer Must Pay UIM Benefits Based on Policy Holder’s Joint and Several Liability
By Tred R. Eyerly on
The Hawai`i Intermediate Court of Appeals' (ICA) decision in Liberty Mut. Ins. Co. v. Sentinel Ins. Co., Ltd., No. 27429, 2009 Haw. App. LEXIS 134 (Haw. Ct. App. March 31, 2009) is unpublished and the facts are detailed, but it's a Hawaii insurance-related decision. So we submit the following.
Ms. Labrador, the insured, sustained…
Doctrine of Efficient Proximate Cause Helps Insured Avoid Summary Judgment
By Tred R. Eyerly on
It's an unpublished decision and not certified for publication. Nevertheless, the analysis of the interplay between the anti-concurrent causation clause and the efficient proximate cause doctrine described in Rouland v. Pacific Specialty Ins. Co., G040299, 2009 Cal. App. Unpub. LEXIS 2589 (Cal. Ct. App. March 30, 2009) warrants attention.
The insured's home suffered damage…