A commentary on insurance coverage issues in Hawaii and beyond
The federal district court granted the insurer's motion to dismiss because the insureds' claim for damages under the Standard Flood Insurance Policy was submitted too late. Caruso v. First Protective Ins. Co., 2025 U.S. Dist. LEXIS 23288 (M.D. Fla. Feb. 10, 2025).
The insureds' property sustained flood damage during Hurricane…
The federal district court agreed that the insurer properly rejected the insured's claim for flood damage after suit was not timely filed. 4922 Mgmt. LLC v. Selective Ins. Co. of the Southeast, 2025 U.S. Dist. LEXIS 21173 (M.D. Fla. Feb. 6, 2025).
The insured's property suffered damage during Hurricane Ian.
The court granted the insurer's motion to dismiss state law and extracontractual claims, including pre-judgment interest. Hurley v. Wright Nat'l Flood Ins. Co., 2022 U.S. Distl. LEXIS 203803 (W.D. La. Nov. 8, 2022).
The insured suffered damage from Hurrican Delta. He filed suit, alleging that Wright National Flood Insurance Company…
The court found that the policy's anti-sequential clause barred coverage for damage caused by Hurricane Sandy. Estate of Doerfler v. Fed. Ins. Co., 2020 N.J. Sup. Unpub. LEXIS 920 (May 14, 2020).
The insureds held identical homeowners policies from Chubb and Federal Insurance Company. Damage resulting from flood was not…
The insured's claim for fees under the Equal Access to Justice Act (EAJA) for seeking coverage under a flood policy was rejected. Hampson v. Wright Nat'l Flood Ins. Co., No. 4:19-cv-10083-KMM (S.D. Fla. Aug. 11, 2019)(Order on Motion to Dismiss). The order is here.
The insurer did not compensate…
The court granted the insurer's motion for summary judgment, deciding that there was no breach of the policy for failure to pay for flood damage when the insured failed to obtain a policy under the National Flood Insurance Program (NFIP). 570 Smith St. Realty Corp. v. Seneca Ins. Co. Inc., 2019 N.Y.
The Third Circuit affirmed the district court's dismissal of the insured's lawsuit for denial of flood coverage after the complaint was filed more than one year after the insurer rejected the proof of loss. Migliaro v. Fidelity Nat'l Indem. Ins. Co., 2018 U.S. App. LEXIS 2097 (3d Cir. Jan. 29, 2018).
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The court considered whether debris removal coverage in a surplus lines policy applied in conjunction with an endorsement limiting flood coverage for all losses "resulting from Flood to buildings, structures or property." Oxford Realty Group Cedar v. Travelers Excess and Surplus Lines Co., 2017 N.J. LEXIS 570 (N.J. May 25, 2017).
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Although the insureds timely filed their suit for denial of flood benefits in state court, the Fourth Circuit found the lawsuit against the Insurer was untimely because it was not filed in federal district court. Woodson v. Allstate Ins. Co., 2017 U. S. App. LEXIS 7862 (4th Cir. May 3 , 2917).
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In an insurance related case, the United States Supreme Court affirmed the Fifth Circuit's decision that State Farm was not entitled to a dismissal of a qui tam case involving its claims-handling after Hurricane Katrina. State Farm Fire & Cas. Co. v. United States ex rel. Rigsby, ___ U.S. ___, 137 S. Ct. 436…
