After the lower court granted summary judgment to Omni Hotels and Resorts’ claim for coverage due to COVID-19 losses, the Texas Court of Appeals reversed, in part, based upon language in some of the insurers’ policies. TRT Holdngs, Inc. v. Ace Am. Ins. Co., 2025 Tex. App. LEXIS 7407 (Texas Ct. App. Sept. 18
Insurer’s Motion to Compel Insured’s Tax Returns Partly Successful
The insurer’s Motion to Compel the production of the insured’s income tax returns was partially successful after the court limited the number of years for which returns would be produced. Pittman Assets MSSC, L.L.C. v. Scottsdale Ins. Co., 2026 U.S. Dist. LEXIS 182049 (E.D. La. Sept. 17, 2026).
Pittman’s property was insured by Scottsdale
Insurer’s Motion to Compel from Another Insurer Fails
The insurer’s motion to compel documents and communications from another insurer was denied. Ins. Co. of Pa. v. Liberty Mut. Fire Ins. Co., 2025 U.S. Dist. LEXIS 178726 (D. N.J. Sept. 12, 2025).
Jacobs Engineering firm suffered a verdict in state court of $2,579,000.00. Insurance Company of the State of Pennsylvania (ICSP) insured Jacobs
Insured’s Breach of Contract Claim Survives Motion to Dismiss, but Bad Faith Claim Does Not
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
Employer’s Liability Exclusion Bars Coverage
The court held the policy’s Employer’s Liability Exclusion precluded coverage for the injured individual who was deemed to be an employee of the insured. Craft v. Access L.L.C., 2025 U.S. Dist. LEXIS 179794 (W.D. La. Sept. 2, 2025).
Charles Craft worked for FL Crane & Sons, Inc.. The general contractor of the project, Lemoine Company
Allegations in Insured’s Complaint Sufficient to Survive Motion to Dismiss
The insured’s complaint sufficiently pled breach of contract and bad faith to survive the insurer’s motion to dismiss. Macias v. Am. Family Ins. Co., 2025 U.S. Dist. LEXIS 148628 (D. Colo. Aug. 1, 2025).
A hailstorm damaged the insureds’ property, including the roof. The insureds filed a claim (Claim One) with American Family. An adjuster
New Platform, New Look
With the demise of Typepad, we have moved the blog to Lex Blog. The look has changed, but the content will remain. Thank you for following along.
Insurer’s Motion for Summary Judgment in Collapse Claim Granted in Part, Denied in Part
The insurer’s motion for summary judgment on the insured’s collapse claim was partially granted, but mostly denied. LDG Rentals, LLC v Wester World Ins. Co., 2025 U.S. Distl LEXIS 117063 (D. Kan. June 18, 2025).
LDG Rentals, LLC purchased a two-story, 125 year old building. LDG sought coverage through its
Cross Motions for Summary Judgment Denied in Collapse Claim
The court denied cross-motions from the insured and the insurer after the insured’s dwelling suffered a collapse of the ceiling. Simons v. Fed. Ins. Co., 2025 U.S. Dist. LEXIS 75839 (C.D. Calif. March 4, 2025).
Gary Simons bought a second home located in Park City, Utah (“Utah Property”) that was
Collapse Caused by Termites and Wood Rot Not Covered
The court found that damage to the insured's home was not due to a covered collapse, but was caused by wood rot and termite damage. Pezzano v. Liberty Mut. Midatlantic Inc. Co., 2024 U.S. Dist. LEXIS 46971 (D. N.J. March 18, 2024).
When putting up a Christmas tree, the insured pulled