Summary Judgment Granted to Insurer for Hurricane Damage

    The insurer’s motion for summary judgment, contending there was no coverage for hurricane damage, was granted. Laurence v. Liberty Ins. Corp., 2021 U.S. Dist. LEXIS 227807 (S.D. Texas Nov. 29, 2021).      When Hurricane Harvey hit, Mike Laurence held a homeowner’s policy from Liberty Insurance Corporation and a contractor policy for his … Read more

Prejudice to Insurer After Late Notice of Hurricane Damage Raises Issue of Fact

    The court denied the insurer’s motion for summary judgment on admittedly late notice because prejudice to the insured remained an issue of fact. Guzman v. Scottsdale Ins. Co., 2021 U.S. Dist. LEXIS 219625 (S.D. Fla. Nov. 15, 2021).     The insured first noticed water leaking into his kitchen from the roof during Hurricane Irma … Read more

Late Notice Kills Insured’s Claim for Damage Due to Hurricane

    The insurer’s motion for summary judgment was granted based upon the insured’s late notice nearly two years after a hurricane caused property damage. Ramirez v. Scottsdale Ins. Co., 2021 U.S. Dist. LEXIS 209716 (S.D. Fla. Oct. 29, 2021).     Plaintiff alleged he suffered property loss due to wind and water damage from Hurricane … Read more

Deceptive Practices, Punitive Damage Claims Dismissed in Property Damage Suit

    The insured’s claims for breach of contract and bad faith remained while his claims for deceptive practices and punitive damages were dismissed. Fishberg v. State Farm Fire & Cas. Co., 2021 U.S. Dist. LEXIS 135043 (S.D. N. Y. July 20, 2021).     The insured rented a apartment. He was insured under a … Read more

Wisconsin Court of Appeals Re-affirms American Girl To Find Coverage for Damage Caused by Subcontractors

    The trial court’s finding of no occurrence and no property damage due to faulty workmanship was reversed by the appellate court. No. 5 Walworth v. Engerman Contracting, Inc., 2021 Wis. App. LEXIS 401 (Wis. Ct. App, July 30, 2021).      Engerman was the general contractor on a construction project at a residence. … Read more

Hawaii Federal District Court Grants Preliminary Approval of Settlement on Volcano Damage

    The federal district court granted preliminary approval of the class action settlement reached on behalf of insureds who suffered property damage due to the 2018 Kilauea eruption on the Big Island. Aquilina v. Certain Underwriters at Lloyd’s London, 2021 U.S. Dist. LEXIS 152614 (D. Haw. Aug. 13, 2021).      After destruction of … Read more

Insured’s Claim for Hurricane Damage Survives Summary Judgment

    The insurer’s motion for summary judgment seeking a determination that the insured’s alleged hurricane damage was due to pre-existing loss was rejected by the court. Exhibit Network Int’l v. Union Ins. Co., 2021 U.S. Dist. LEXIS 114267 (S.D. Texas May 25, 2021).      The insured alleged that wind and rain from Hurricane … Read more