A commentary on insurance coverage issues in Hawaii and beyond
The insured’s bad faith claims failed as the court found that the insurer’s handling of the claim was reasonable. Terrazas v. State Farm Lloyds, 2025 U.S. Dist. LEXIS 201925 (W.D. Tex. Oct. 20. 2025).
Plaintiff filed a claim with State Farm when her home suffered hail damage. Claims Specialist Denice Gomez was assigned to…
The court denied the insurer’s motion to dismiss the insured’s breach of contract claim, but granted the motion to dismiss without prejudice the bad faith claim. Terrazas v. State Farm Fire & Cas. Co., 2025 U.S. Dist. LEXIS 173920 (D. Colo. Sept 5, 2025).
The plaintiff, Alejandro Garcia-Terrazas, had a policy issued by State…
The magistrate judge recommended that the insurer's motion for summary judgment regarding the insured's bad faith claims be granted. Thornton v. HJB State Farm Lloyds, 2025 U.S. Dist. LEXIS 151342 (W.D. Texas Aug. 5, 2025).
The insureds claimed their home was damaged in a wind and hail storm. A claim…
The federal district court applying Kentucky law denied the insurer's motion to dismiss bad faith claims, but granted the motion for dismissal of the insured's negligence claim. Smith v. Am. Strategic Ins., 2025 U.S. Dist. LEXIS 140900 (W.D. Ky. July 23, 2025).
The Smiths purchased a homeowners policy from American…
The court denied the insurer's motion to strike the insureds' expert witnesses, and denied the insurer's motion to dismiss all claims raised under the state's unfair claims settlement act. Gerstman v. Crestbrook Ins. Co., 2025 U.S. Dist. LEXIS 108705 (N.D. Tex. June 9, 2025).
The insureds' property suffered damage when…
The court granted the insurer's motion for summary judgment agreeing that the "increased Cost of Construction" provision limited the amount the appraisers could award. Bigfoot Co-Op A, Inc. v. Nationwide Mut. Ins. Co., Case No. 3:24-cv-00022-SMR-WPK (S.D Iowa April 21, 2025).
A hailstorm damaged five apartment buildings owned by insured…
The Eleventh Circuit reversed the district court's grant of summary judgment to the insurer in a case involving coverage for a shooting death. Kinsale Ins. Co. v. Pride of St. Lucie Lodge 1189, Inc., 2025 U.S. App, LEXIS 9346 (11th Cir. April 18, 2025)
The Lodge was operating as a…
The court granted the insurer's motion for summary judgment when the insured failed to raise a genuine issue of material fact as to whether he insurer acted in bad faith. Dillen v. QBE Ins. Corp. 2025 U.S. Dist. LEXIS 24742 (S.D. Texas Feb. 11, 2025).
The insureds were away from…
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…
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…
