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Mealey's Catastrophic Loss

  • December 05, 2025

    Judge Denies Insurer’s Supplemental Summary Judgment Motion In Roof Damage Dispute

    FORT WORTH, Texas — A federal judge in Texas on Dec. 4 held that fact issues preclude granting a commercial property insurer’s motion for supplemental summary judgment on a church insured’s claims for breach of contract and violations of the Texas Prompt Payment Claims Act, further denying the insured’s motion to reconsider an earlier ruling that dismissed its bad faith claims in a coverage dispute over hailstorm damage.

  • December 04, 2025

    New York Panel Reverses Ruling Against Insured In Hurricane Maria Coverage Suit

    ALBANY, N.Y. — A New York appeals panel reversed a lower court’s summary judgment ruling in favor of insurers as to their reformation counterclaim in a coverage dispute arising from Hurricane Maria damage to the insured’s Puerto Rico facility, holding that the insurers failed to demonstrate “by clear and convincing evidence” that the parties intended for the “all-risk” insurance policy to exclude named windstorm damage to the facility at the time the policy was executed.

  • December 04, 2025

    Jury Verdict In Tornado Damage Suit Amply Supported By Trial Record, Panel Says

    NEW ORLEANS — A jury verdict entered in favor of a homeowners insurer in a dispute over coverage for tornado damage to an insured home is “amply supported” by the trial record and the district court acted within its discretion by limiting the testimony of the insurer’s engineer, the Fifth Circuit U.S. Court of Appeals said.

  • December 03, 2025

    Insurance Department’s Confirmation Of Excess Loss Payments Assessment Affirmed

    AUSTIN, Texas — A Texas appeals panel affirmed the state insurance department’s order confirming the assessment of excess loss payments that a member insurer must pay the state’s insurer of last resort for Hurricane Harvey damage, rejecting the member insurer’s argument that the members’ percentage of participation should be the catastrophe year and not the year of assessment.

  • December 02, 2025

    Insured Appeals Court’s Ruling That It Failed To Toll Statute Of Limitations

    CHICAGO — A condominium association insured filed a notice on Dec. 1 appealing an Illinois federal court’s grant of an insurer’s motion for summary judgment in its breach of contract and bad faith lawsuit arising from hail and wind damage to the roofs of its 27-building condominium complex.

  • December 01, 2025

    Illinois Panel: No Extra Expense Coverage Owed For Loss Arising From Cyberattack

    CHICAGO — An Illinois appeals court panel held that a management company for multiple nursing care facilities is not entitled to recover the expenses it incurred following a cyberattack on one of its payroll vendors, affirming a lower court’s ruling in favor of an insurer in the management company’s declaratory judgment lawsuit.

  • November 18, 2025

    Contamination Exclusion Bars Coverage For COVID-19 Losses, 9th Circuit Affirms

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Nov. 17 affirmed a district court’s ruling that an all-risk policy’s contamination exclusion bars coverage for losses sustained during the COVID-19 pandemic, rejecting the insureds’ argument that the district court erred in finding that a California appellate panel’s ruling in a similar case is applicable to the instant dispute.

  • November 18, 2025

    Stipulation Filed To Dismiss 1 Insurer From Coronavirus Coverage Suit In Nevada

    LAS VEGAS — A stipulation was filed asking a Nevada court to dismiss with prejudice all claims against one insurer in an insured’s lawsuit seeking coverage under its all-risk insurance policies for its loss caused by COVID-19 and its causative virus at its insured properties.

  • November 17, 2025

    Insured Seeks Rehearing In Unjust Enrichment, UCL Suit Against Travel Insurers

    PASEDENA, Calif. — An insured on Nov. 14 filed a petition for rehearing en banc asking the Ninth Circuit U.S. Court of Appeals to reconsider a panel majority ruling that affirmed a lower federal court’s grant of summary judgment in favor of travel insurers in his unjust enrichment and unfair competition lawsuit, challenging the majority’s finding that he is not entitled to recover any portion of the premium for a travel insurance policy he purchased for a cruise that was later canceled due to the coronavirus pandemic because there was no unearned premium.

  • November 14, 2025

    8th Circuit: Court Did Not Abuse Its Discretion By Excluding Insured’s Expert

    ST. LOUIS — The Eighth Circuit U.S. Court of Appeals determined that a lower federal court did not abuse its discretion when it excluded the opinion of an insured’s expert in the insured’s breach of contract lawsuit alleging that its commercial building was damaged by water intrusion during a storm, affirming the lower court’s grant of summary judgment in favor of the insurer.

  • November 13, 2025

    Insurers’ Objections To Discovery Orders Substantially Overruled In COVID-19 Suit

    NEW YORK — A federal judge in New York substantially overruled insurers’ objections to discovery orders that granted in part and denied in part a holding company for the U.S. interests in the Mandarin Oriental Hotel Group’s motion to compel the insurers to produce certain documents they have withheld as privileged in a coronavirus coverage dispute.

  • November 13, 2025

    Majority Refuses To Consider Insureds’ Plea To Review Hurricane Coverage Suit

    NEW ORLEANS — A majority of the Louisiana Supreme Court on Nov. 12 refused to consider insureds’ application for a supervisory writ seeking review of a lower court’s interlocutory judgment that denied their motion for summary judgment to enforce appraisal amounts in a coverage dispute over hurricanes Laura and Delta damage and vacated the lower court’s grant of Louisiana Insurance Guaranty Association’s motion for partial summary judgment, ruling that the application was untimely.

  • November 13, 2025

    Federal Judge Refuses To Remand Bad Faith Suit Over Hurricane Ida Coverage Dispute

    NEW ORLEANS — A federal judge in Louisiana denied an insured’s motion to remand its breach of contract and bad faith lawsuit against its insurer, holding that the court has diversity jurisdiction over the lawsuit arising from Hurricane Ida damage.

  • November 12, 2025

    Insured Asks Court To Reconsider No Coverage Ruling In Hurricane Ida Suit

    NEW ORLEANS — An insured moved a Louisiana federal court to reconsider its summary judgment ruling in favor of her property insurer in her breach of contract and bad faith lawsuit arising from damage caused by Hurricane Ida, arguing that the inspection reports, expert affidavits and itemized estimates clearly raise factual disputes as to the scope of her damages and the insurer’s bad faith handling.

  • November 12, 2025

    Texas Federal Judge Dismisses Insurance Adjusters From Storm Damage Coverage Suit

    AMARILLO, Texas — A Texas federal judge granted a property insurer’s motion to dismiss two insurance adjusters from its insureds’ breach of contract suit arising out of a storm damage coverage dispute because the insurer accepted liability for any claims alleged against the insurance adjusters.

  • November 10, 2025

    COMMENTARY: Uh-EUO: How Examinations Under Oath Impact Claims

    By Rachel E. Hudgins, Kevin V. Small and Charlotte E. Leszinske

  • November 10, 2025

    La. Panel Reverses Denial Of Summary Judgment For LIGA In Hurricane Damage Dispute

    BATON ROUGE, La. — A Louisiana appellate court reversed a lower court ruling denying summary judgment to the Louisiana Insurance Guaranty Association (LIGA) in a Hurricane Ida coverage dispute with an insured whose property was insured by a now-insolvent insurer, finding that the insured failed to show the existence of issues of material fact and failed to file a proof of claim against the insolvent insurer before the required deadline.

  • November 10, 2025

    Federal Judge: Suit Seeking Coverage For Hurricane Ida Flood Damage Is Untimely

    NEW ORLEANS — A federal judge in Louisiana granted a Write-Your-Own insurer’s motion for summary judgment in an insured’s lawsuit seeking coverage for his flood damage caused by Hurricane Ida, holding that the insured’s breach of contract claim was time-barred because it was filed more than a year after the issuance of the first letter that partially denied coverage.

  • November 06, 2025

    Judge: Insured’s Failure To Toll Statute Of Limitations Is Fatal To Claims

    CHICAGO — A federal judge in Illinois granted an insurer’s motion for summary judgment in its insured’s breach of contract and bad faith lawsuit arising from hail and wind damage to the roofs of its 27-building condominium complex, holding that the insured’s failure to toll the statute of limitations is fatal to its claims.

  • November 05, 2025

    N.C. Judge: Property Insurers Must Cover Loss After Incident At Iron Ore Facility

    CHARLOTTE, N.C. — Ruling on summary judgment motions, a North Carolina judge held that property insurers must provide coverage for their insureds’ losses following an incident at an iron ore processing facility, determining that unlike the insured in North State Deli, LLC v. Cincinnati Insurance Co., the insureds present evidence of tangible harm to trigger coverage and the faulty design and inherent defect policy exclusions do not apply.

  • November 05, 2025

    Insured’s Appeal In Flood Damage Dispute Dismissed For Want Of Prosecution

    LAKE CHARLES, La. — The Fifth Circuit U.S. Court of Appeals dismissed an insured’s appeal of 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, noting that the insured failed to timely pay the fee on appeal.

  • November 04, 2025

    Majority Affirms Ruling In Favor Of Travel Insurers In Unjust Enrichment, UCL Suit

    PASADENA, Calif. — A majority of the Ninth Circuit U.S. Court of Appeals affirmed a lower federal court’s grant of summary judgment in favor of travel insurers in a plaintiff’s unjust enrichment and unfair competition lawsuit, holding that the insured is not entitled to recover any portion of the premium for a travel insurance policy he purchased for a cruise that was later canceled due to the coronavirus pandemic because there was no unearned premium.

  • November 03, 2025

    Hawaii Appeals Court Vacates Ruling In Insurer’s Favor In COVID-19 Coverage Suit

    HONOLULU — The Hawaii Intermediate Court of Appeals determined that a restaurant and bar owner insured established that there is a genuine issue of material fact regarding whether its business interruption was “caused by direct physical loss of or damage to property” at its insured premises and that its commercial insurer did not establish that any policy exclusion barred coverage, vacating a lower court’s judgment in favor of the insurer and remanding for further proceedings.

  • October 29, 2025

    N.C. Judge Refuses To Dismiss $50M Coverage Suit Arising From Coronavirus

    GREENSBORO, N.C. — A North Carolina judge denied primary and excess insurers’ motion to dismiss a limited partnership that owns and operates shopping centers containing outlet stores’ breach of contract and bad faith lawsuit seeking coverage for its alleged “tens of millions of dollars in losses” caused by the coronavirus pandemic, holding that North Carolina law applies to the interpretation of the insurance policies at issue and discovery is necessary to determine the insured’s applicable date of 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.