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Mealey's Catastrophic Loss

  • October 24, 2025

    Panel Affirms Ruling In Insurer’s Favor In Bad Faith Suit Prompted By Winter Storm

    NEW ORLEANS — Noting that it is bound by Mirelez v. State Farm Lloyds, the Fifth Circuit U.S. Court of Appeals affirmed a lower federal court’s summary judgment ruling in favor of an insurer in Texas insureds’ bad faith lawsuit arising from property damage that was caused by pipes that burst following a winter storm.

  • October 24, 2025

    Homeowners Insurer’s Conduct Did Not Rise To Level Of Bad Faith, Federal Judge Says

    LITTLE ROCK, Ark. — An Arkansas federal judge granted a homeowners insurer’s motion to dismiss an insured’s bad faith claim after determining that the insured failed to allege that the insurer’s conduct in handling a claim for tornado damage rose to the level of bad faith.

  • October 22, 2025

    Federal Judge Dismisses Hurricane Ida Coverage Suit After Parties Reach Settlement

    NEW YORK — After an insured and its insurer indicated that they reached a settlement in principle, a federal judge in New York dismissed without prejudice the insured’s declaratory judgment, breach of contract and bad faith lawsuit seeking coverage for property damage to its Louisiana restaurant and warehouse that was caused by Hurricane Ida.

  • October 20, 2025

    Chemical Company Says Settlement Reached In Coverage Suit Arising From Explosion

    BEAUMONT, Texas — A sustainable chemical company insured filed a notice in a Texas federal court indicating that it has reached a settlement with its insurer of its breach of contract and declaratory judgment lawsuit seeking to obtain coverage for the full value of its business interruption loss caused by an explosion at a Texas plant.

  • October 20, 2025

    Mississippi High Court Denies Insurer’s Motion To Rehear Hurricane Katrina Suit

    JACKSON, Miss. — The Mississippi Supreme Court declined an insurer’s request to rehear a majority’s ruling that affirmed a jury's $10,457,858.89 damages award against the insurer in a Hurricane Katrina coverage dispute, reversed the lower court’s denial of the insured’s estate’s posttrial motion for attorney fees and rendered $4,500,000 in attorney fees to the estate plus postjudgment interest, standing by its ruling that the lower court’s decision to force the estate to use nearly half of its award to pay attorney fees fails to adequately compensate them for bringing the bad faith action against the insurer.

  • October 17, 2025

    Insurers, New Orleans Property Owners Settle $7M Hurricane Claim

    NEW ORLEANS — A group of foreign and domestic insurers and two New Orleans property owners jointly moved in Louisiana federal court to dismiss with prejudice the property owners’ claims for bad faith and for payment of approximately $7 million in damages to their properties caused by Hurricane Ida under surplus line insurance policies, after the court vacated a prior order compelling arbitration following a Louisiana Supreme Court ruling on the arbitrability of insurance claims.

  • October 14, 2025

    Florida Panel Affirms Order Compelling Appraisal In Hurricane Irma Coverage Suit

    WEST PALM BEACH, Fla. — Without explanation, a Florida appellate court affirmed a lower court order granting insureds’ motion to compel appraisal in a breach of contract suit against the Florida Insurance Guaranty Association (FIGA) over damage purportedly caused by Hurricane Irma.

  • October 13, 2025

    Insurer Appeals Judgment In Indemnification Suit Arising From Hurricane Zeta Damage

    NEW YORK — A defendant insurer appealed a New York federal court’s findings that it has a duty to defend against underlying actions arising from damages caused when Hurricane Zeta’s winds purportedly caused a tower crane that was working on top of a New York construction project to become loose and “spin” and that it has a duty to indemnify the plaintiff insurer for $476,575.25 in costs arising from the underlying claims.

  • October 13, 2025

    Newsom Signs FAIR Plan Legislation For State ‘Insurer Of Last Resort’

    SACRAMENTO, Calif. — California Gov. Gavin Newsom signed California Assembly Bill 234, California FAIR Plan Association Governing Committee, a bill sponsored by Democratic Assembly Member Lisa Calderon, who stated that the bill “increases transparency of the FAIR Plan by requiring the Speaker of the Assembly and the Chairperson of the Senate Committee on Rules (or a designee) to serve as members” of the committee and “ensures the public has a seat at the table.”

  • October 10, 2025

    Judge Administratively Closes Hurricane Ian Coverage Suit After Parties Settle

    FORT MYERS, Fla. — A Florida federal judge on Oct. 9 administratively closed a breach of contract lawsuit arising from property damage caused by Hurricane Ian the same day a write-your-own insurer and its insured announced that they reached a settlement.

  • October 09, 2025

    Court: Expert Testimony Showed Evidence Hurricane Caused Damage, JNOV An Error

    WEST PALM BEACH, Fla. — A Florida trial judge improperly “supplanted the jury’s role as factfinder” when he reweighed photographic evidence and granted an insurer’s motion for judgment notwithstanding the verdict (JNOV) after a jury considered expert testimony and evidence to find that Hurricane Irma created a hole in a home’s roof, a state appeals court ruled Oct. 8.

  • October 09, 2025

    Judge: Insurer’s Denial Letter Triggered SFIP’s 1-Year Statute Of Limitations

    FORT MYERS, Fla. — A federal judge in Florida concluded that an insurer’s denial letter triggered the one-year limitations period under a Standard Flood Insurance Policy (SFIP), granting the insurer’s motion to dismiss its insureds’ breach of contract lawsuit arising from flood damage caused by Hurricane Ian.

  • October 09, 2025

    Judge: Insureds’ Breach Of Contract Suit Over Flood Damage Is Time-Barred

    FORT LAUDERDALE, Fla. — A federal judge in Florida granted an insurer’s motion to dismiss insureds’ breach of contract lawsuit arising from their flood damage, finding that the lawsuit is barred by the one-year statute of limitations that applies to standard flood insurance policies issued under the National Flood Insurance Program (NFIP).

  • October 08, 2025

    5th Circuit Affirms Ruling In Insurer’s Favor In Suit Prompted By Hail, Wind Damage

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Oct. 7 held that, absent an independent injury, an insured cannot file tort claims against an insurer under Texas’ Unfair Settlement Practices Act after receiving an appraisal award and statutory interest, affirming a lower federal court’s grant of summary judgment in favor of the insurer in a coverage dispute over wind and hail damage.

  • October 07, 2025

    Judge Enters Dismissal After Parties Settle Hurricanes Laura, Delta Coverage Suit

    LAKE CHARLES, La. — Seven days after a federal judge in Louisiana granted an insurer’s motion for partial summary judgment, the judge entered a 60-day judgment of dismissal after the parties filed a joint notice of settlement of the insureds’ breach of contract, bad faith and negligence lawsuit seeking coverage for property damage that was caused by Hurricanes Laura and Delta.

  • October 07, 2025

    Insureds Appeal Take-Nothing Judgment In Coverage Dispute Arising From Storm Damage

    TYLER, Texas — Insureds filed a notice indicating that they are appealing a Texas federal court’s take-nothing judgment in favor of a commercial property insurer in a coverage dispute arising from property damage that was caused by a wind and hailstorm.

  • October 06, 2025

    Judge: Plaintiff Insurer Owed Indemnification For Suits Arising From Hurricane Zeta

    NEW YORK — A federal judge in New York granted a plaintiff insurer’s motion for summary judgment in its lawsuit seeking indemnification for underlying actions arising from damages caused when Hurricane Zeta’s winds purportedly caused a tower crane that was working on top of a New York construction project to become loose and “spin,” finding that the defendant insurer has a duty to defend against the underlying lawsuits and owes the plaintiff insurer $476,575.25.

  • October 06, 2025

    Judge Denies Insurer’s Motion To Dismiss Breach Of Contract Claim In Flood Dispute

    FORT MYERS, Fla. — A federal judge in Florida denied an insurer’s motion to dismiss its insureds’ breach of contract claim in a Hurricane Ian flood coverage dispute, holding that the court cannot determine if the insureds’ claims are untimely based on the pleadings.

  • October 03, 2025

    Magistrate Refuses To Dismiss Breach Of Contract Suit Over Hurricane Ian Damage

    FORT MYERS, Fla. — A federal magistrate judge in Florida denied an insurer’s motion to dismiss its insureds’ breach of contract lawsuit arising out of flood damage that was caused by Hurricane Ian, holding that the insurer failed to establish that the insureds filed their action outside the one-year statute of limitations.

  • October 02, 2025

    Texas Panel Reverses Ruling In Windstorm Insurer’s Favor In Hurricane Harvey Suit

    CORPUS CHRISTI, Texas — A Texas appeals panel on Oct. 2 reversed and remanded a lower court’s grant of a windstorm insurer’s motion for summary judgment in an estate’s breach of contract lawsuit arising from Hurricane Harvey damage, ruling that the insurer partially denied coverage by concluding that the estate did not perform a condition precedent under the policy’s personal property replacement cost endorsement and, therefore, the estate was entitled to seek judicial relief on its claim for recoverable depreciation.

  • October 02, 2025

    California Insurance Commissioner Issues Bulletin On Fire-Related Cancellation

    SACRAMENTO, Calif. — California Insurance Commissioner Ricardo Lara issued a bulletin requiring insurance companies not to cancel or refuse to renew residential property insurance for properties located in a specified ZIP code within or adjacent to a fire perimeter for one year after the state of emergency that was issued by Gov. Gavin Newsom on Sept. 19 related to the TCU Lightning Complex Fires near Chinese Camp, Calif.

  • October 01, 2025

    No Coverage Owed For Washington State University’s Coronavirus Losses, Panel Affirms

    SPOKANE, Wash.— A Washington appeals panel on Sept. 30 affirmed a lower court’s grant of an insurer’s motion for judgment on the pleadings in a business interruption coverage dispute arising from the coronavirus pandemic, concluding that it is bound by the Washington Supreme Court's ruling in Hill and Stout PLLC v. Mutual of Enumclaw Insurance Company in holding that a business’ shutdown because of the COVID-19 pandemic does not constitute a “direct physical loss or damage” to insured property pursuant to an all-risk insurance policy.

  • October 01, 2025

    Property Owners Affected By Hurricanes Allege Scheme By Attorneys, Law Firms

    NEW ORLEANS — A complaint requesting class action status was brought against attorneys, law firms and a professional liability insurer in a Louisiana federal court, alleging that the attorneys committed legal malpractice and breach of contract by setting “up a scheme in an attempt to quickly settle thousands” of Hurricane Laura, Delta, Zeta and/or Ida cases and “collect an exorbitant fee” that they would all share.

  • September 30, 2025

    Insured Appeals Federal Court’s Ruling That Flood Damage Claims Are Time-Barred

    LAKE CHARLES, La. — An insured filed a notice appealing a Louisiana federal court’s ruling that her claims for flood damage caused by Hurricane Delta and a separate flood event are time-barred under a Standard Flood Insurance Policy (SFIP) and must be dismissed with prejudice, challenging the court’s grant of the insurer’s motion for summary judgment on her claims for breach of contract and bad faith.

  • September 29, 2025

    Texas High Court Denies Review In COVID-19 Contamination Suit

    AUSTIN, Texas — The Texas Supreme Court on Sept. 26 denied an insured’s petition for review of a state appellate court’s ruling that a contamination exclusion bars coverage for the insured’s claim seeking coverage for damages and losses incurred as a result of the coronavirus.