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Mealey's Catastrophic Loss

  • June 30, 2025

    California Insureds Allege Insurers Underinsured Homes Destroyed In Wildfires

    LOS ANGELES — In two separate complaints filed in Los Angeles County Superior Court, insureds whose homes were destroyed in the January wildfires allege that their homeowners insurers underinsured their homes, leaving the homeowners unable to rebuild their destroyed homes.

  • June 27, 2025

    California Judge Denies Insured’s Motion For Summary Adjudication As To UCL Claim

    LOS ANGELES — A California judge granted an insured’s motion for summary adjudication as to his declaratory relief claim in a lawsuit alleging that the California Fair Plan Association (CFP) issued property insurance policies with fire coverage that is unlawfully restrictive as to smoke damage claims but denied the insured’s motion as to his unfair competition law (UCL) claim, finding that he failed to satisfy his burden to establish standing to bring the UCL claim.

  • June 26, 2025

    Insured Seeks More Than $5M From Property Insurer For Business Income Losses

    PORTLAND, Ore. — An insured hotel filed suit in Oregon federal court, seeking more than $5 million from its commercial property insurer for business income losses and extra expenses incurred as a result of water damage and the repairs necessitated by the water damage.

  • June 26, 2025

    Insured Fails To Address Diversity Jurisdiction On Appeal, 5th Circuit Rules

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on June 25 affirmed a lower court’s dismissal of a pro se insured’s motion to reinstate her claims in a coverage dispute arising from hurricanes Laura and Delta, holding that the insured fails to address the merits of the district court's jurisdictional determination.

  • June 25, 2025

    1st Circuit Partly Reverses Ruling In Coverage Suit Over Hurricane Maria Damage

    BOSTON — The First Circuit U.S. Court of Appeals reversed a lower federal court’s denial of an insurer’s postverdict motion to reduce a jury’s $873,000 contractual damages award and to set aside a jury’s $250,000 consequential damages award in a Hurricane Maria coverage dispute and affirmed the lower court’s denial of the insured’s postverdict motion for attorney fees and prejudgment interest.

  • June 24, 2025

    Breach Of Contract Suit Over Storm Damage Is Untimely, Illinois Panel Affirms

    ELGIN, Ill. — An Illinois appeals court panel on June 23 affirmed a lower court’s grant of a homeowners insurer’s motion for judgment on the pleadings in an insured’s breach of contract lawsuit seeking coverage for storm damage, agreeing with the lower court that the insured’s action was not timely under the agreed-upon terms of the insurance policy's one-year suit limitations provision.

  • June 23, 2025

    2nd Circuit Rejects Chocolate Company’s Appeal In Superstorm Sandy Coverage Suit

    NEW YORK — The Second Circuit U.S. Court of Appeals on June 20 affirmed a lower federal court’s take-nothing judgment and denial of a chocolate company insured’s renewed motion for judgment as a matter of law and motion for a new trial in a Superstorm Sandy coverage dispute, rejecting the insured’s assertion that its decision to discontinue excess flood insurance does not bear on whether its insurance policy covered storm surge losses.

  • June 23, 2025

    Judge Denies Insured’s Motion For Relief From Judgment In COVID-19 Coverage Suit

    ELIZABETH CITY, N.C. —A federal judge in North Carolina denied a hotel and restaurant owner insured’s motion for relief from a March 4, 2021, judgment dismissing its breach of contract and bad faith lawsuit arising from the coronavirus pandemic, rejecting the insured’s argument that the North Carolina Supreme Court’s ruling in N. State Deli, LLC v. Cincinnati Ins. Co. constitutes extraordinary circumstances that warrant relief.

  • June 19, 2025

    Colorado Panel Partly Reverses Ruling In Insurer’s Favor In COVID-19 Coverage Suit

    DENVER — Noting two matters of first impression, a Colorado appellate court on June 18 reversed in part a lower court’s ruling in favor of an insurer in a retirement communities owner’s lawsuit seeking coverage for its losses arising from the coronavirus pandemic after finding that the insured stated a viable claim to recover some of its alleged losses pursuant to the policy’s health care endorsement.

  • June 19, 2025

    Louisiana Majority Affirms Certification Of Class Action Prompted By Hurricane Ida

    GRETNA, La. — A majority of a Louisiana appeals court panel on June 18 affirmed a lower court’s judgment certifying a class action lawsuit arising from Hurricane Ida property damage and remanded for further proceedings, finding that the plaintiffs have satisfied the class certification requirements under Louisiana Code of Civil Procedure Article 591(A)(1).

  • June 18, 2025

    Judge Won’t Vacate Arbitration Of Hurricane Dispute Pending Appeals

    NEW ORLEANS — A Louisiana federal judge on June 17 denied a motion to lift a stay on litigation brought by a city against its foreign and domestic insurers in a dispute over Hurricane Ida claims and vacate a prior order compelling arbitration despite a recent ruling by the Louisiana Supreme Court that such arbitrations are barred by state law, writing that there is an intradistrict “split on this issue” and citing two pending appeals.

  • June 18, 2025

    5th Circuit Affirms Revised Damages Calculation In Hurricane Laura Coverage Suit

    NEW ORLEANS —The Fifth Circuit U.S. Court of Appeals affirmed a lower federal court’s amended judgment with a revised damages calculation in a church insured’s Hurricane Laura coverage lawsuit, rejecting the commercial insurer’s challenge to the revised damages award for electrical repairs.

  • June 17, 2025

    Florida Panel Reverses Dismissal Of Breach Of Contract Suit Over Windstorm Damage

    DAYTONA BEACH, Fla. — A Florida appeals panel reversed a lower court’s grant of a homeowners insurer’s motion to dismiss an insured’s breach of contract lawsuit seeking coverage for its property damage caused by a windstorm, finding that the insured’s third amended complaint sufficiently states a claim for breach of contract.

  • June 13, 2025

    Magistrate Partly Grants Insured’s Motion To Compel In Coronavirus Coverage Suit

    NEW YORK — A federal magistrate judge in New York 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 its “all risk” insurers to produce certain documents they have withheld as privileged in a coronavirus coverage dispute, directing the insurers to produce communications with their reinsurers and produce documents containing reserve information unless there is another viable ground for withholding.

  • June 12, 2025

    Judge: Experts Can Testify On Need, Cost For Storm Damage Repairs In Coverage Spat

    DALLAS — Experts retained by homeowners in an insurance coverage dispute meet the qualifications to testify, a Texas federal judge ruled, though he partially granted the insurer’s motion for summary judgment as to certain claims in the same order.

  • June 11, 2025

    8th Circuit Affirms Property Damage Claim For Hail, Wind Damage Was Untimely

    ST. LOUIS — The Eighth Circuit U.S. Court of Appeals on June 10 affirmed a lower federal court’s grant of summary judgment in favor of a businessowners insurer in an insureds’ breach of contract and bad faith lawsuit seeking coverage for hail and water damage to its commercial property following a thunderstorm, further holding that the lower court did not abuse its discretion when it refused to allow the insured to amend its complaint.

  • June 11, 2025

    Judge Refuses To Disturb Ruling In Insurer’s Favor In Hurricane Nicole Coverage Suit

    ORLANDO, Fla. — A federal judge in Florida denied insureds’ motion seeking reconsideration of an earlier ruling that granted an insurer’s motion for summary judgment in a breach of contract lawsuit arising from property damage that was caused by Hurricane Nicole, rejecting the insureds’ argument that the court improperly relied on inadmissible hearsay evidence and impermissibly weighed evidence.

  • June 10, 2025

    Washington Panel Reverses, Remands UW’s COVID-19 Coverage Suit For Dismissal

    SEATTLE — A Washington appeals court panel on June 9 reversed a decision and remanded for a lower court to dismiss the University of Washington’s lawsuit seeking coverage for losses incurred at its medical and athletic properties due to the COVID-19 pandemic, relying on the recent ruling in Tulalip Tribes of Washington v. Lexington Insurance Co. to reject the insured’s  argument as to its entitlement to coverage.

  • June 10, 2025

    3rd Circuit Affirms Ruling In Favor Of Insurer In Coronavirus Coverage Suit

    PHILADELPHIA — The Third Circuit U.S. Court of Appeals on June 9 affirmed a lower federal court’s ruling in favor of an insurer in coronavirus coverage disputes that were consolidated on appeal, ruling that under New Jersey law, insurance policies that insure “physical loss or damage” do not cover financial losses that were imposed by mandates in response to the coronavirus pandemic.

  • June 10, 2025

    Federal Judge Refuses To Dismiss Hurricane Ian Coverage Suit As Untimely

    FORT MYERS, Fla. — A Florida federal judge denied a Write-Your-Own insurer’s motion to dismiss an insured’s breach of contract lawsuit arising from property damage caused by Hurricane Ian, rejecting the insurer’s argument that the insured failed to timely file her lawsuit.

  • June 09, 2025

    Texas Supreme Court Sets Oral Argument In Tornado Coverage Dispute

    AUSTIN, Texas — The Texas Supreme Court will hold oral arguments beginning Sept. 10 in an insurer’s appeal of a majority’s reversal of a lower court’s judgment against insureds in a coverage dispute arising from tornado damage.

  • June 06, 2025

    Hurricane Ian Coverage Suit Is Time-Barred, Federal Judge Rules, Dismisses Action

    FORT MYERS, Fla. — A federal judge in Florida granted an insurer’s motion to dismiss its insureds’ breach of contract coverage lawsuit arising from their property damage that was caused by Hurricane Ian, concluding that the lawsuit was not timely filed.

  • June 05, 2025

    Magistrate: Causation Issue In Hurricane Ian Coverage Dispute Is Matter For Jury

    FORT MYERS, Fla. — A federal magistrate judge in Florida denied an insurer’s motion for summary judgment in its insureds’ breach of contract and declaratory judgment lawsuit seeking coverage for their Hurricane Ian losses, ruling that the insureds have produced sufficient evidence, including expert testimony of their hurricane damage, to survive summary judgment.

  • June 04, 2025

    Insured’s Negligence Complaint Against Broker Is Untimely, Indiana Panel Affirms

    INDIANAPOLIS — An Indiana appeals panel affirmed a lower court’s grant of summary judgment in favor of an insurance broker in an insured’s lawsuit alleging that the broker negligently failed to provide advice on how to procure event cancellation insurance after the insured discovered that its insurance policies did not cover its business losses arising from the COVID-19 pandemic, concluding that there are no material questions of fact regarding whether Indiana’s two-year statute of limitations period expired before the insured filed its complaint.

  • June 03, 2025

    Judge: Fact Issues Preclude Summary Judgment In Hurricane Ida Coverage Dispute

    NEW ORLEANS — A federal judge in Louisiana on June 2 denied cross-motions for summary judgment in a church insured’s bad faith lawsuit arising from Hurricane Ida property damage, ruling that there are genuine disputes of material fact regarding when the insurer received a satisfactory proof of loss and whether its payment and handling of the claim was arbitrary or capricious.