A commentary on insurance coverage issues in Hawaii and beyond
The Illinois Appellate Court held that issues of causation can be part of an appraisal process. Xaing Zhoa v. State Farm Fire & Cas., Co., 2025 Ill App. LEXIS 903 (Ill. App. Ct. May 12, 2025).
The insured had a homeowners policy with State Farm. A hailstorm damaged the insured's…
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 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…
The district court denied Travelers' motion for summary judgment and granted the insureds' motion in part regarding replacement of roof tiles damaged in a hail storm. Bertisen v. Travelers Home & Marine Ins. Co., 2023 U.S. Dist. LEXIS 159649 (D. Colo. Sept. 8,2023).
On May 8, 2017, the insureds' home…
The court rejected the insurer's motion for reconsideration attempting to set aside the appraisal award that determined the cause of loss. Mesco Mfg., LLC v. Motorists Mut. Ins. Co., 2023 WL 5334659 (S.D. Ind. Aug. 18, 2023).
Mesco suffered a loss to the roofs of its facilities due to hail…
After a jury awarded damages related to the insurer's delayed payment under the claim and the insurer's post trial motions to set aside the verdict were denied, the Tenth Circuit affirmed. US General, LLC v. GuideOne Mut. Ins. Co., 2022 U.S. App. LEXIS 34066 (10th Cir. Dec. 12, 2022).
Crossroads…
The Fifth Circuit certified unanswered questions on the concurrent causation doctrine to the Texas Supreme Court. Overstreet v. Allstate Vehicle & Prop, Ins. Co., 2022 U.S. App. LEXIS 13582 (5th Cir. May 19, 2022).
The insured alleged that a hail storm damaged his roof. The roof was three years old…
The court ordered an appraisal when the parties differed on the amount of loss to the dwelling even when the carrier contended the dispute was over the cause of the loss. Khaleel v Amguard Ins. Co., No. 21 C 992, Memorandum Opinion and Order (N.D. Ill. Feb. 11, 2022). The order…
The insurer's motion for summary judgment to dismiss the claim because the insurer did not provide notice "as soon as practicable" was denied. Vintage Hospitality Group LLC v. Nat'l Trust Ins. Co., 2021 U.S. Dist. LEXIS 192651 (M.D. Ga. Oct. 6, 2021).
Vintage owned hotels, one of which was…
The Tenth Circuit determined that the Colorado Supreme Court would agree with other state courts that appraisers can decide the causation of a loss. Bonbeck Parker, LLC v. The Travelers Indem. Co. of Am., 2021 U.S. App. LEXIS 29607 (10th Cir. Oct. 1, 2021).
A hailstorm damaged three buildings owned…
