The settlement reached in the Maui fire cases appears to be a step closer to becoming a reality after the Hawaii Supreme Court issued its Order answering three reserved questions posed by the circuit court. In the Matter of the Petition for the Coordination of Maui Fire Cases, SCRQ-24-0000602 (Order Feb. 10, 2025). The Order
First Party Insurance
Insurer Granted Summary Judgment After Insured Fails to Establish Claim is Covered
By Tred R. Eyerly on
The federal district court granted the insurer's motion for summary judgment because the insureds failed to meet their burden of establishing the claim was covered by the policy. Cutchall v. Chubb Lloyd's Ins. Co. of Tex., 2024 U.S. Dist. LEXIS 234546 (S. D. Texas Dec. 31, 2024).
In September 2021…
Insured’s Count for Bad Faith Stripped from Claim
By Tred R. Eyerly on
The insurer's motion for partial summary judgment challenging the insured's bad faith claim was successful. Baker v. Allstate Index. Co., 2024 U,.S. Dist. LEXIS 227802 (N.D. Miss. Dec. 17, 2024).
Teresa Baker alleged that the roof of her rental property sustained wind and rain damage during a storm. She further contended…
Bucking the Trend, North Carolina Supreme Court Finds Insureds State Claim for COVID-19 Losses
By Tred R. Eyerly on
Departing from the multitude of decisions that have determined there is no coverage for losses due to the COVID-19 pandemic, the North Carolina Supreme Court found that various bars and restaurants that were closed during the pandemic under government orders stated a claim for coverage when suing their insurers. North State Deli, LLC, …
COVID-19 Claim Survives Insurers’ Motion to Dismiss
By Tred R. Eyerly on
The insurers' motion to dismiss a COVID-19 claim was denied based upon an endorsement for business interruption claims. Mandarin Oriental, Inc. v. HDI Global Ins. Co., 2024 U.S. Dist. LEXIS 169836 (S.D N.Y. Sept. 19, 2024).
Mandarin owned hotels in, among other cities, Miami, New York, Washington, D.C. and Boston.
Insured Fails to Provide Adequate Proof of Water Damage Through Roof
By Tred R. Eyerly on
The federal district court granted the insurer's motion for summary judgment due on the insured's claims for water damage to a church. Unity Church of God in Christ of York v. Church Mutual Ins. Co., 2024 U.S. Dist. LEXIS 163204 (M.D. Pa. Sept. 11, 2024).
Unity Church alleged that it…
Hawaii Federal District Court Compels Appraisal
By Tred R. Eyerly on
The Hawaii federal district court denied the insurers' motion to dismiss on forum non convenient grounds and granted the insured's motion to compel arbitration. BRE Hotels and Resorts LCC, et al. v. Ace Am Ins. Co., et al., 2024 U,.S. Dist. LEXIS 163852 (D. Haw. Sept. 11, 2024).
BRE Hotels…
Insurer’s Motion for Summary Judgment to Dispose of Hail Damage Claim Fails
By Tred R. Eyerly on
The court denied the insurer's motion for summary judgment seeking to dismiss the insured's complaint requesting coverage for hail damage and a claim for bad faith. Rodriquez v. State Farm Lloyds, 2024 U.S. Dist. LEXIS 160007 (W.D. Tex. Sept. 5, 2024).
Mr. Rodriquez sought coverage under his homeowners policy after…
Insured’s Failure to Cooperate Dooms Claim
By Tred R. Eyerly on
The court granted the insurer's motion for summary judgment based upon the insured's failure to allow the insurer to inspect damaged personal property . Ansah v Nationwide Prop. and Cas. Ins. Co., 2024 U.S. Dist. LEXIS 151472 (S. D. Texas Aug. 23, 2024).
The insureds purchased a property policy from…
Insurer’s Challenge to Appraisal Award Fails
By Tred R. Eyerly on
The federal district court entered judgment based on the appraisal panel's award over the insurer's objections. Proto Gage, Inc. v. Federal Ins. Co., Inc., 2024 U.S. Dist. LEXIS 155699 (E.D. Mich. Aug. 29, 2024).
Proto Gage sought coverage from Federal for its business income losses resulting from the failure of…