Louisiana Supreme Court Reverses a Rare State Court of Appeals Win for...
COVID-19 business interruption claimants have had few state appellate court decisions upon which to rely. Louisiana produced one such decision in Cajun Conti, LLC v. Certain Underwriters at Lloyd’s,...
View ArticleFlorida Enacts Broad Insurance Reforms Focusing on Bad Faith
From 2019 to 2022, the Florida Legislature enacted four separate property insurance reforms that sought to rein in abusive property insurance litigation fueled by one-way attorney’s fee shifting and...
View ArticleSouthern District of Texas Holds that Appraisal Award is Inconclusive of...
The Southern District of Texas recently held that an appraisal award did not establish liability for a covered loss under the policy. In Hoff v. Meridian Sec. Ins. Co., 2023 WL 5192013 (S.D. Tex. Aug....
View ArticleThere’s No Place Like Home! Kansas Federal Court Holds Homeowner’s Policy...
A federal court recently held that an insurer may deny coverage under a homeowner’s policy for a “residence premises” when the insured never actually lived at the premises. In Sina Davani v. Travelers...
View ArticleCourt Issues First LEG3 Defects Exclusion Decision
Introduction In a case of first impression, the United States District Court for the District of Columbia (applying Illinois law) rejected a LEG3 exclusion as ambiguous. See S. Capitol Bridgebuilders...
View ArticleCourt Finds Policy Term, “Windstorm,” to be Ambiguous in Coverage Dispute...
In Mankoff v. Privilege Underwriters Reciprocal Exchange (2024 WL 322297 (Tex. App.—Dallas Jan. 29, 2024)), the Court determined that the term “windstorm” was ambiguous as utilized in the subject...
View ArticleCourt Finds No Coverage for Loss Caused by Water Back Up Through a Storm Drain
In Carrico v. Stillwater Ins. Co., 23-CV-349-RAJ, 2024 WL 308106 (W.D. Wash. Jan. 26, 2024), the Western District of Washington considered competing motions for partial summary judgment in a property...
View ArticleCourt Differentiates Vandalism from Theft in First Party Insurance Policy
The United States District Court for the Western District of Washington decided an insurance coverage case involving Plaintiffs Benny and Guangying Cheung and Defendant Allstate Vehicle and Property...
View ArticleWhat’s in a Name (Insured)? Pennsylvania Federal Court Holds Homeowners’...
A federal court recently held that an insurer could not deny coverage under a homeowner’s policy based upon the failure of the named insured’s son, an “insured person,” to submit to an examination...
View ArticleCourt Says Builder’s Risk Policy Limited Coverage for Additional Insureds
In BCC Partners, LLC v. Travelers Prop. Cas. Co. of America, 2024 WL 1050117 (E.D. Mo. March 11, 2024), the Court determined that the plaintiff property owner, as an additional insured, was not...
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