Motion to Striker Insurer’s New Argument Granted

    The court granted a motion to strike the insurer’s new argument that the insured had made misrepresentations in its application for the policy. Great Lakes Ins. v. Gray Group Inves., LLC, 2021 U,S. Dist. LEXIS 243929 (E.D. La Dec. 22, 2021).     Gray Group sought coverage for its yacht, HELLO DOLLY VI, … Read more

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

Law Firm’s Business Income, Civil Authority Claim Due to Hurricanes Survives Insurer’s Motion for Summary Judgment

    The insurer was unsuccessful in moving for summary judgment on the insured’s claim for loss of business income and civil authority coverage due to losses caused by two hurricanes. Townsley v. Ohio Security Ins. Co., 2021 U.S. Dist. LEXIS 202698 (W.D. La. Oct. 20, 2021).     Hurricane Laura struck southeast Louisiana on … Read more

Forum Selection Provision Not Binding in Louisiana

    The insurer’s motion to dismiss based upon the policy’s forum selection provision was denied. Oak Haven Mgmt., LLC v. Starr Surplus Lines Ins. Co., 2021 U.S. Dist. LEXIS 171611 (W.D. La. Sept. 9, 2021).     The insured retirement home suffered property damage from Hurricane Laura and Hurricane Delta. After disagreements with Starr … Read more

Insureds Survive Motion to Dismiss Civil Authority Claim

    After suffering business losses due to a hurricane, the insured’s Civil Authority claim survived the insurer’s motion to dismiss. Pathology Lab. v. Mt. Hawley Ins. Co., 2021 U.S. Dist. LEXIS 145129 (W.D. La. Aug. 3, 2021).      Hurricane Laura devastated Lake Charles, Louisiana causing severe damage to the insured property as well … Read more

Anti-Concurrent Causation Clause Eliminates Loss from Hurricane

    The court found the insured was not covered for losses caused by Hurricane Laura due to the implementation of the policy’s anti-concurrent causation clause. Aegis Sec. Ins. Co. v. Lejeune, 2021 U.S. Dist. LEXIS 106804 (W. D. La. June 7, 2021).      At the time of the hurricane, the insureds’ home was … 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

Mortgagors Seek Coverage Under Mortgagee’s Policy

    The mortgagor homeowners survived a motion to dismiss their claim for coverageunder the lender’s property policy after their home suffered hurricane damage. Gary v. Am. Sec. Ins. Co., 2021 U.S. Dist. LEXIS 100010 (W.D. La. May 26, 2021).      Plaintiffs’ home was mortgaged by Pennymac Loan Services, LLC. Pennymac held a property … Read more