Headed to Tucson this week to attend the ABA's annual Insurance Coverage Litigation Committee seminar. Always great presentations and discussions on a variety of coverage topics. Along with my co-panelists, Rina Carmel and Karin S. Aldama, we will lead a discussion on The Ins and Outs of Outside Adjusters. Looking forward to it
Smoke and Soot Constitute Direct Physical Loss
By Tred R. Eyerly on
The federal district court found that smoke and soot contamination rendered the property unfit for normal use, meeting the standard for "direct physical loss" under the policy language for recovery of business income. Bottega, LLC, et al. v. National Surety Corporation-Chicago, Il, 2025 U.S. Dist. LEXIS 5666 (N.D. Cal. Jan. 10, 2025).
Bottega…
Collapse Claim Denied After Insured’s Failure to Meet Suit Limitation Deadline
By Tred R. Eyerly on
The insured's claim for collapse of a building was denied after failing to file suit within the two-year limitation set forth in the policy. 94 Broad Street, LLC v. The Hartford Financial Services Group, Inc., 2025 Conn. Super. LEXIS 112 (Conn. Super. Ct. Jan. 24, 2025).
The insured had a…
Court Denies Insurer’s Motion for Summary Judgment on Breach of Contract Claim and Further Denies Motion to Exclude Insured’s Expert
By Tred R. Eyerly on
The court denied the insurer's Motion for Summary Judgment seeking to dismiss the insured's breach of contract claim. The court also denied the insurer's Daubert motion to exclude the insured's expert witness. Ram Krishana Inc. v. Mt. Hawley Ins Co., 2025 U.S. Dist. LEXIS 18912 (S.D N.Y Feb. 3, 2025).
…
Insurer’s Motion to Compel Inspection Denied
By Tred R. Eyerly on
The court denied the insurer's motion to compel an inspection of the insured's residential rental property and the insurer's request for attorney fees. Bradley v. Evanston Ins. Co., 2025 U.S. Dist. LEXIS 14522 (E.D. La. Jan. 27, 2025).
Plaintiff suffered damage to her property due to Hurricane Ida. Evanston insured…
Hawaii Supreme Court Paves the Way for Maui Fire Settlement to Proceed
By Tred R. Eyerly on
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…
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…
Dispute Over Policy’s Aggregate Limit Addressed
By Tred R. Eyerly on
The federal district court rejected the insured's argument and held that the policy's Limit of Liability section placed an annual cap on the aggregate limits available under the policy. Evanston Ins. Co. v. Roman Catholic Bishop of Orange, 2024 U.S. Dist. LEXIS 229122 (C.D. Cal. Dec. 17, 2024).
John OC-5…
Insureds’ Not Entitled to Recovery for Partial Collapse
By Tred R. Eyerly on
The Sixth Circuit affirmed the District Court's decision that the insureds could not recover for a partial collapse of a wall. Builders Mut. Ins. Co. v. GCC Construction, LLC, 2024 U.S. App. LEXIS 31518 (6th Cir. Dec. 11, 2024).
Tahini Main Street bought a century-old building in Chattanooga, Tennessee. The building…