Mealey's Catastrophic Loss

  • October 27, 2026

    Panel: Failure To Submit New Proof Of Loss Dooms Claim For Additional Damages

    ATLANTA — The 11th Circuit U.S. Court of Appeals affirmed a Florida federal judge’s grant of summary judgment in favor of a Write-Your-Own insurer in a coverage dispute over Hurricane Ian damage, holding that the condominium association insured failed to submit a signed and sworn proof of loss for its alleged additional flood damage as required by Standard Flood Insurance Policy (SFIP).

  • October 27, 2026

    Federal Judge Dismisses Flood Damage Coverage Suit Following Parties’ Settlement

    BATON ROUGE, La. — One day after parties filed a joint notice of settlement, a federal judge in Louisiana dismissed an insured’s breach of contract lawsuit seeking coverage from its Write-Your-Own insurer for flood damage to its long-term residential rental property.

  • October 26, 2026

    11th Circuit Partly Vacates Ruling In Coverage Dispute Over Rain Events

    ATLANTA — Under Georgia law, the 11th Circuit U.S. Court of Appeals held that an insurer’s conduct waived its right to apply the insurance policy’s $2.5 million flood deductible after previously applying the $100,000 water damage deductible to its insureds’ claim for three rain events that damaged a construction project but that there is a genuine dispute regarding whether the insurer waived the flood deductible for two other rain events, affirming in part and vacating in part a lower federal court’s partial summary judgment ruling.

  • October 23, 2026

    Texas Insureds Failed To Timely File Coverage Suit, 5th Circuit Affirms

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Oct. 22 affirmed a lower federal court’s grant of partial summary judgment in favor of an insurer in a coverage dispute alleging that the insurer wrongfully denied or underpaid the insureds’ 2021 and 2022 claims for water damage arising from frozen pipes, agreeing with the lower court that the insureds failed to timely file their lawsuit pursuant to their policy’s statute of limitations.

  • October 23, 2026

    5th Circuit Affirms Apartment Complex Hail Damage Coverage Suit Is Time-Barred

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals affirmed a Texas federal judge’s grant of summary judgment to the insurer of an apartment complex whose owner filed suit over a storm damage claim, finding that the owner’s breach of contract and statutory claims were time-barred because the insurer unequivocally denied coverage, and subsequent reinspection and communications did not restart the limitations periods.

  • October 22, 2026

    High Court Dismisses Hurricane Insurance Petition After Parties Resolve Dispute

    WASHINGTON, D.C. — The U.S. Supreme Court dismissed a petition for a writ of certiorari pertaining to the arbitrability under Louisiana law of a claim made by the owner of a hotel in Louisiana for hurricane damages and bad faith against its domestic insurer after the parties filed a joint stipulation informing the court that the matter was “resolved by the parties,” leaving two other petitions for certiorari on the same topic pending.

  • October 20, 2026

    Appeal Of Order Denying FIGA Attorney Fee Bid In Water Coverage Row Dismissed

    MIAMI — A Florida appellate court clerk filed an order noting that the court recognizes a voluntary dismissal of the appeal by the Florida Insurance Guaranty Association (FIGA), which had previously appealed a lower court order denying FIGA’s motion for entitlement to attorney fees in a dispute with a condominium association over FIGA’s alleged failure to cover water damage.

  • October 19, 2026

    Auto Parts Manufacturer Appeals Dismissal Of COVID-19 Coverage Suit

    GREENSBORO, N.C. — An automotive parts manufacturer insured on Oct. 16 appealed a North Carolina federal judge’s summary judgment ruling that dismissed with prejudice its breach of contract, bad faith and unfair and deceptive trade practices lawsuit seeking coverage for its losses caused by the “presence of COVID-19” at its facilities.

  • October 19, 2026

    Insurer’s Counterclaim In Hurricane Damage Suit Can Proceed, Judge Says

    COLUMBIA, S.C. — A commercial property insurer’s counterclaim for declaratory judgment in a hurricane damage coverage dispute can proceed because the counterclaim is not a mirror image of the insured’s bad faith claim and one of the insurer’s affirmative defenses, a South Carolina federal judge said in denying the insured’s motion to dismiss.

  • October 13, 2026

    Judge Grants Joint Dismissal Motion In Hurricane Ida Coverage Row

    NEW ORLEANS — In a one-page order, a Louisiana federal judge granted the parties’ joint motion to dismiss with prejudice a Hurricane Ida coverage dispute involving the Louisiana Insurance Guaranty Association (LIGA), a flood insurer and their insured after the parties notified the court that the dispute had been resolved.

  • October 08, 2026

    Insurer Did Not Act In Bad Faith In Handling Hurricane Damage Claim, Judge Says

    HOUSTON — A Texas federal judge on Oct. 7 granted a homeowners insurer’s motion for partial summary judgment on an insured’s claim alleging violation of the Texas Insurance Code because the insured failed to show that the insurer conducted an unreasonable investigation or acted in bad faith in handling the claim for damages caused by Hurricane Beryl.

  • October 08, 2026

    California Insureds: Chubb Failed To Conduct Fair Investigation Of Wildfire Loss

    LOS ANGELES — Insureds sued their homeowners insurer for breach of contract, breach of the implied covenant of good faith and fair dealing and violation of the California unfair competition law (UCL), alleging that the insurer, in concert with environmental consulting and testing companies, directed an investigation into their Palisades Wildfire claim “that repeatedly narrowed the scope of testing, ignored evidence of contamination in concealed and exterior areas, and proposed piecemeal remediation that could not restore the Property to its pre-loss condition.”

  • October 08, 2026

    Insurers, County Appeal Judgment On Economic Losses In Bridge Collapse Suit

    RICHMOND, Va. — Insurers and Baltimore County, Md., appealed to the Fourth Circuit U.S. Court of Appeals a Maryland federal judge’s ruling that granted in part and denied in part a motion for judgment on the pleadings by the owner and technical manager of the ship that allided with and destroyed the Francis Scott Key Bridge in Baltimore in 2024, a ruling that significantly narrowed the scope of the purely economic loss claims that will proceed in the movants’ exoneration lawsuit.

  • October 07, 2026

    Panel: Insured Has No Basis To Recover Attorney Fees In Hurricane Ian Coverage Suit

    LAKELAND, Fla. — A Florida appeals court panel ruled that an insurer’s payment of its policy limits following an appraisal process that complied with the policy terms did not constitute a “confession of judgment” that entitled the insured to recover his attorney fees under Florida Statutes Section 627.428(1), affirming a lower court’s summary judgment ruling in favor of the insurer in a breach of contract lawsuit arising from Hurricane Ian property damage.

  • October 07, 2026

    Inadequate Construction Exclusion Bars Coverage, California Panel Affirms

    LOS ANGELES — A California appeals panel affirmed a lower court’s summary judgment ruling in favor of a homeowners insurer on claims for breach of contract, breach of the implied covenant of good faith and fair dealing, intentional infliction of emotional distress (IIED) and fraud in a lawsuit seeking coverage for property damage following a 2019 rainstorm, holding that the insurer has satisfied its burden of establishing noncoverage warranting summary judgment even if there is a triable question as to the efficient proximate cause of the insureds’ loss.

  • October 07, 2026

    Judge Grants FEMA’s Motion To Dismiss Coverage Dispute Over Hurricane Helene Damage

    TAMPA, Fla. — A federal judge in Florida granted the Federal Emergency Management Agency’s motion to dismiss insureds’ breach of contract lawsuit seeking additional coverage under a Standard Flood Insurance Policy (SFIP) for flood damage that was caused by Hurricane Helene, finding that the lawsuit is time-barred under the one-year statute of limitations in the SFIP and the National Flood Insurance Act (NFIA).

  • October 07, 2026

    Louisiana High Court Denies Certiorari To Insurer In Hurricane Ida Coverage Row

    NEW ORLEANS — The Louisiana Supreme Court denied an application for a writ of certiorari by Privilege Underwriters Reciprocal Exchange (PURE) seeking review of a ruling affirming a trial court’s judgment awarding $1,009,561.93 to insureds and against their homeowners insurer in a coverage dispute over damage allegedly caused by Hurricane Ida.

  • October 07, 2026

    Judge Dismisses All Claims In Auto Parts Manufacturer’s Coronavirus Coverage Dispute

    GREENSBORO, N.C. — A federal judge in North Carolina granted an insurer’s motion for summary judgment and dismissed with prejudice an automotive parts manufacturer insured’s breach of contract, bad faith and unfair and deceptive trade practices lawsuit seeking coverage for its losses caused by the “presence of COVID-19” at its facilities, holding that no coverage exists under the policy’s Communicable Disease Coverage Endorsement and that, alternatively, any potential coverage would be voided under the policy’s concealment and fraud provision.

  • October 07, 2026

    11th Circuit Dismisses Appeal In Flood Coverage Dispute For Want Of Prosecution

    ATLANTA —The 11th Circuit Court of Appeals dismissed an insured’s appeal of a Florida federal judge’s sua sponte ruling that dismissed without prejudice her breach of contract lawsuit alleging that her insurer failed to indemnify her for the full value of her losses stemming from a Sept. 28, 2022, flood, concluding that the insured’s failure to timely file her appellant brief warrants dismissal of the appeal for want of prosecution.

  • October 06, 2026

    Federal Judge Dismisses Breach Of Contract Suit Against WYO Insurer As Untimely

    FORT MYERS, Fla. — A federal judge in Florida on Oct. 5 granted a write-your-own insurer’s motion to dismiss with prejudice its insureds’ breach of contract lawsuit seeking coverage for Hurricane Ian flood damage to their tile flooring, holding that the lawsuit was untimely under the one-year statute of limitations under the Standard Flood Insurance Policy (SFIP).

  • October 06, 2026

    Judge Grants Excess Insurers’ Application For Certification Of Interlocutory Appeal

    WILMINGTON, Del. — A Delaware judge granted excess insurers’ application for certification for interlocutory appeal of an order that granted an insured’s motion for partial summary judgment and denied their cross-motion for summary judgment on the issue of recoupment in a coverage dispute arising from Superstorm Sandy damage to one of New York University’s campuses, finding that certification under Delaware Supreme Court Rule 42 is appropriate because the court decided “a central, merits-based issue at an early stage of the proceedings largely at the” insured’s  behest.

  • October 05, 2026

    U.S. Supreme Court Denies Doctor’s Cert Petition In Hidden Cameras Coverage Dispute

    WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 5 denied a doctor’s petition seeking review of the Second Circuit U.S. Court of Appeals’ ruling that affirmed as modified a lower court’s dismissal of her breach of contract lawsuit seeking business interruption and umbrella coverage for her losses arising from the discovery of hidden cameras at her dermatology office.

  • October 05, 2026

    Insurer Defeats Bad Faith Claim Over Hurricane Ida Property Damage

    NEW ORLEANS — A Louisiana federal judge granted a property insurer’s motion for summary judgment on a bad faith claim in a coverage dispute over Hurricane Ida damages after determining that the insurer’s handling of the insured’s claim was not “vexatious” as required under Louisiana law.

  • September 30, 2026

    Appeals Court Affirms Judgment Awarding Interest In LIGA Hurricane Coverage Row

    GRETNA, La. — A Louisiana appellate court affirmed a lower court ruling awarding homeowners $10,592.22 in judicial interest in their hurricane coverage dispute with the Louisiana Insurance Guaranty Association (LIGA), finding that LIGA failed to timely appeal the final judgment awarding judicial interest and that eliminating interest later would constitute an impermissible substantive amendment.

  • September 28, 2026

    Federal Judge Dismisses Remainder Of Texas Building Owner’s Storm Damage Suit

    DALLAS — A commercial building owner’s remaining breach of contract claims against three insurers and state insurance law claims against one of them over alleged nonpayment for wind and hail damage were dismissed with prejudice by a Texas federal judge after the parties filed a joint motion stating that the owner no longer wished to pursue the case.