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Mealey's Catastrophic Loss

  • January 16, 2026

    Florida Panel Affirms Ruling In Wind Insurer’s Favor In Hurricane Irma Coverage Suit

    MIAMI — A Florida appeals panel affirmed a lower court’s judgment in favor of a named-peril insurer in a coverage dispute arising from Hurricane Irma damage, holding that the lower court did not abuse its discretion in admitting evidence of the insureds’ flood claim and receipt of benefits from their flood insurer.

  • January 16, 2026

    Fla. Panel Reverses Order As To Attorney Fees In Settlement Agreement With FIGA

    MIAMI — A Florida appeals court reversed and remanded a lower court order requiring the Florida Insurance Guaranty Association (FIGA) to pay the full amount of a settlement agreement between homeowners and their now-insolvent insurer in a hurricane damage coverage dispute, finding that the lower court erred in requiring FIGA to pay the attorney fee portion of the settlement agreement because it was not part of a covered claim pursuant to Florida law regarding FIGA.

  • January 15, 2026

    Sworn Proof Of Loss Is ‘Linchpin’ Of Claims Process, Judge Says In Hurricane Suit

    FORT MYERS, Fla. — A federal judge in Florida on Jan. 14 held that when a condominium building owner insured neglected to submit a signed and sworn proof of loss for its alleged additional damages caused by Hurricane Ian, it failed to satisfy a nonnegotiable condition precedent under its Standard Flood Insurance Policy (SFIP) and “a stack of invoices” or a “belief that the insurer knew enough” cannot “substitute for the strict compliance that federal law demands.”

  • January 15, 2026

    Insureds Allege FAIR Plan Mishandled, Underpaid Wildfire Smoke Claims

    LOS ANGELES — A pair of property insurance policyholders sued the California FAIR Plan Association in state court, alleging that the association breached statutory coverage requirements and engaged in bad faith claims handling by relying on policy provisions that impermissibly restricted coverage for wildfire smoke contamination and loss-of-use claims stemming from the January 2025 Los Angeles wildfires.

  • January 15, 2026

    Judge: Denial Letter Triggered Statute Of Limitations In Hurricane Ian Dispute

    FORT MYERS, Fla. — A federal judge in Florida held that an insurer’s partial denial letter triggered the one-year statute of limitations under a Standard Flood Insurance Policy (SFIP) and that, as a result, the insured’s breach of contract lawsuit seeking coverage for its flood damage arising from Hurricane Ian is untimely.

  • January 15, 2026

    Magistrate: Deductible To Be Subtracted From Amount Payable To Insured For Ian Loss

    FORT MYERS, Fla. — A federal magistrate judge in Florida held that a $200,000 policy deductible should be subtracted from the amount actually payable to the insured and not from the insured’s total loss for its Hurricane Ian property damage, holding that the insurer’s “approach is the only math that respects the actual boundaries of the policy.”

  • January 15, 2026

    Judge Dismisses COVID-19 Coverage Suit Brought By Owner Of Seattle Space Needle

    SEATTLE — Following the filing of a joint stipulation of dismissal, a Washington federal judge dismissed the owner and operator of the Space Needle in Seattle’s breach of contract and declaratory judgment lawsuit seeking to recoup the “millions of dollars in revenues” it lost when its business was interrupted because of the coronavirus pandemic (Space Needle LLC v. North American Elite Insurance Company, No. 21-00347, W.D. Wash.).

  • January 15, 2026

    Judge Dismisses Insured’s Suit Over Hurricane Ian Flood Damage As Untimely

    FORT MYERS, Fla. — A federal judge in Florida granted a write-your-own insurer’s motion to dismiss an insured’s breach of contract lawsuit seeking coverage under a Standard Flood Insurance Policy (SFIP) for flood damage that was caused by Hurricane Ian, agreeing with the insurer that the action is time-barred.

  • January 14, 2026

    Dismissal Warranted By Insureds’ Repeated Failures To Comply With Discovery Orders

    NEW ORLEANS — A federal judge in Louisiana held that insureds’ repeated failures to comply with the court’s discovery orders warrant dismissal with prejudice of their bad faith lawsuit seeking coverage for their property damage that was caused by Hurricane Ida.

  • January 14, 2026

    Trial Court Abused Discretion In Denying Motion To Bifurcate, Panel Says

    BEAUMONT, Texas — A Texas appellate court conditionally granted a petition for a writ of mandamus after determining that a trial court abused its discretion in denying an insurer and its adjuster’s motion to bifurcate a breach of contract claim from extracontractual claims to avoid prejudice to the insurer and adjuster and to preserve judicial resources.

  • January 13, 2026

    Judge Rules For Insurer In Breach Of Contract Suit Arising From Hurricane Francine

    NEW ORLEANS — A federal judge in Louisiana on Jan. 12 held that an insurer is entitled to summary judgment on its insureds’ breach of contract claim for damages that exceed those claimed in an Oct. 22, 2024, proof of loss, dismissing with prejudice the insureds’ lawsuit seeking coverage under their Standard Flood Insurance Policy (SFIP) for flood damage caused by Hurricane Francine.

  • January 13, 2026

    Judge: Summary Judgment Premature In Coverage Suit Arising From Gas Explosion

    LAFAYETTE, La. — A federal judge in Louisiana denied insurers’ motion for partial summary judgment and a judicial declaration in their coverage lawsuit arising from a fire and explosion that occurred while contractors were working on a pipeline project, finding that summary judgment is premature.

  • January 13, 2026

    Louisiana Panel Reverses Ruling In Suit Seeking Coverage For Total Loss To Condo

    GRETNA, La. — A Louisiana appeals panel reversed a lower court’s denial of an insurer’s motion for partial summary judgment in its insureds’ lawsuit seeking coverage for the total loss of their condominium unit, holding that the condominium was not rendered a total loss as a result of the direct physical damage caused by Hurricane Ida and the policy limit for a subsequent water event is $10,000 pursuant to the “Limited Water Damage Coverage” endorsement.

  • January 09, 2026

    5th Circuit Affirms Refusal To Compel Arbitration Of Hurricane Insurance Dispute

    NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel affirmed a federal judge’s denial of a motion by a group of domestic insurers to compel arbitration pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention), as codified in Chapter 2 of the Federal Arbitration Act (FAA), 9 U.S.C. § 201 et seq., finding that state law prohibits arbitration of such disputes.

  • January 09, 2026

    Judge: Bifurcation, Stay Of Discovery Unwarranted In Windstorm Coverage Suit

    CHARLESTON, W. Va. — A federal judge in West Virginia denied an insurer’s motion to bifurcate an insured’s bad faith claim from the breach of contract claim in a windstorm coverage dispute, holding that the factors in Light v. Allstate Ins. Co. do not support bifurcation and that a stay of discovery of the bad faith claims is unwarranted.

  • January 08, 2026

    Following Mediation, Parties Reach Impasse In Data Breach Coverage Dispute

    ORLANDO, Fla. — A Florida federal court reported in a Jan. 7 docket note that an insured and its cyber and data risk insurer reached an impasse following mediation of the insured’s breach of contract and declaratory judgment lawsuit arising from a 2024 data breach that caused interruption to its financial technology business.

  • January 07, 2026

    COMMENTARY: 2025 Key Insurance Decisions, Trends, & Developments & A Look Ahead To 2026

    By Scott M. Seaman, Pedro E. Hernandez and Jordan W.P. Evans

  • January 06, 2026

    Florida Panel Reverses For New Trial On Damages In Suit Against Insurance Broker

    DAYTON BEACH, Fla. —Noting that the case was one of first impression, the Fifth District Florida Court of Appeal concluded that a lower court erred by allowing a jury to calculate damages against an insurance broker based on an insurance policy that an earlier panel determined does not provide coverage for restaurant insureds’ damage following Hurricane Matthew, reversing in part and remanding for a retrial limited solely to damages without reliance on the insurance policy.

  • December 23, 2025

    Judge Denies In Part Dismissal To Appraiser, Firm In Hurricane Coverage Dispute

    NEW ORLEANS — A Louisiana federal judge denied in part an appraiser and his firm’s motion to dismiss claims against them in a Hurricane Ida insurance coverage dispute, denying dismissal of claims for fraud and civil conspiracy to commit fraud because they are adequately pleaded.

  • December 18, 2025

    Statute Of Limitations Bars Insured’s Claims In Water, Mold Damage Suit, Judge Says

    RALEIGH, N.C. — An insured’s claims for breach of contract and bad faith in a water and mold damage coverage dispute cannot proceed because the claims are barred by the applicable three-year statute of limitations, a North Carolina federal judge said in granting a homeowners insurer’s motion for summary judgment.

  • December 11, 2025

    Hard Rock Hotel Collapse Coverage Dispute Dismissed After Settlement Reached

    NEW ORLEANS — A federal judge in Louisiana issued an order dismissing a property owner’s breach of contract lawsuit against builders risk insurers seeking additional insured coverage for its $89,877,694 in losses arising from the aftermath of the partial collapse of a Hard Rock Hotel project in New Orleans after being informed the parties reached a settlement.

  • December 10, 2025

    Federal Judge Dismisses Hurricane Ian Flood Coverage Suit As Untimely

    FORT MYERS, Fla. — A federal judge in Florida on Dec. 9 granted an insurer’s motion to dismiss insureds’ lawsuit seeking full coverage for their flood damage caused by Hurricane Ian, concluding that the lawsuit is time-barred.

  • December 10, 2025

    La. Panel Affirms Judgment For Guaranty Association In Hurricane Damage Dispute

    GRETNA, La.  — A Louisiana appellate court affirmed a lower court judgment for the Louisiana Insurance Guaranty Association (LIGA) and entities and individuals sued over the alleged improper construction of a building that collapsed into another building and destroyed it during Hurricane Ida, finding that there is no evidence that the owners of the collapsed building knew of any defect in it prior to the hurricane.

  • December 09, 2025

    5th Circuit Says State Law Bars Arbitration Of Hurricane Policy Dispute

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Dec. 8, applying a Louisiana Supreme Court ruling on certified questions of law regarding the arbitrability of insurance disputes, affirmed a lower court’s denial of domestic insurers’ motion to compel arbitration of a Louisiana town’s claims for damages, breach of contract and bad faith after finding that the participation of foreign insurers in the policy does not require the court to apply the New York Convention.

  • December 09, 2025

    Judge Dismisses 2 Claims In Coronavirus Coverage Suit, Allows Insureds To Amend

    DURHAM, N.C. — A federal judge in North Carolina granted a commercial property insurer’s motion to dismiss claims for breach of the implied covenant of good faith and fair dealing and unfair and deceptive trade practices brought by four Durham, N.C., restaurants seeking coverage for their business interruption losses arising from the lockdowns prompted by the COVID-19 pandemic but allowed the insureds to file an amended complaint to include additional factual allegations related to the insurer’s renewed denial of claims following the North State Deli, LLC v. Cincinnati Insurance Co. decision by the North Carolina Supreme Court.