Mealey's Catastrophic Loss

  • May 21, 2026

    U.S. High Court Refuses To Review Assignee’s Suit Against Contractor, Surety

    WASHINGTON, D.C. — The U.S. Supreme Court denied a petition for writ of certiorari challenging the First Circuit U.S. Court of Appeals’ remand of a lawsuit seeking to recover subcontractors’ financial losses after a contractor and its surety allegedly did not pay them for work related to rebuilding projects in Puerto Rico and the Virgin Islands following Hurricane Maria, leaving undisturbed the appeals court’s instruction for the lower court to dismiss the complaint for lack of subject matter jurisdiction.

  • May 20, 2026

    FIGA Appeals Order Denying Entitlement To Attorney Fees In Water Coverage Dispute

    MIAMI — The Florida Insurance Guaranty Association (FIGA) filed a notice of appeal in a Florida appellate court of a lower court order denying its motion for entitlement to attorney fees in a dispute with a condominium association over FIGA’s alleged failure to cover water damage.

  • May 19, 2026

    Panel Affirms Judgment Of More Than $1M For Insureds In Hurricane Ida Coverage Row

    NEW ORLEANS — After a bench trial resulted in a judgment awarding $1,009,561.93 to insureds and against their homeowners insurer in a coverage dispute over damage allegedly caused by Hurricane Ida, a Louisiana appellate court affirmed, finding in part that the trial court correctly invalidated the insurer’s 180-day proof-of-loss provision as void against public policy because, as applied, it reduced the statutory two-year filing period.

  • May 18, 2026

    Panel Affirms Order Entering Arbitrator’s Take-Nothing Decision As Final Judgment

    MIAMI — A Florida appeals panel affirmed a lower court’s order that entered as its final judgment an arbitrator’s decision that an insured take nothing against an insurer in a breach of contract lawsuit over wind damage, agreeing with the lower court that the insured failed to attach the essential notice of rejection to its motion for trial de novo.

  • May 13, 2026

    Insureds’ Bad Faith, UCL Claims To Proceed In Wildfire Damage Coverage Suit

    LOS ANGELES — A California federal judge denied a homeowners insurer’s motion to dismiss bad faith, declaratory relief and unfair competition law (UCL) claims alleged by insureds who seek coverage for damages to their home and contents caused by wildfire smoke and ash because the insureds adequately allege that the insurer withheld benefits in bad faith, that a coverage dispute exists and that ongoing coverage may be owed.

  • May 12, 2026

    Judge Denies Insurer’s Posttrial Motion In Bad Faith Suit Over Ida Damage

    NEW ORLEANS — A federal judge in Louisiana denied an insurer’s motion for judgment as a matter of law or for a new trial following a jury’s finding that it acted in bad faith in its handling of the church insured’s claim arising from Hurricane Ida property damage, refusing to disturb a $4,567,441.68 final judgment entered against the insurer.

  • May 11, 2026

    Florida Panel Reverses Final Judgment In Favor Of Property Insurer In Storm Suit

    ST. PETERSBURG, Fla. — A Florida appeals panel on May 8 reversed a lower court’s final judgment in favor of a property insurer in a breach of contract lawsuit arising from storm damage, holding that the lower court erred in using the insurer’s motion in limine to summarily dispose of the insureds’ case before trial.

  • May 11, 2026

    Texas High Court: No Basis To Prohibit Appraisal In Flood Coverage Dispute

    AUSTIN, Texas — The Texas Supreme Court on May 8 conditionally granted mandamus relief to relator insurers, holding that a lower court abused its discretion in denying the insurers’ motion to compel appraisal of their insureds’ flood damage loss to a food distribution warehouse because the record amply establishes that the parties’ disagreement is at least partly about the insureds’ amount of loss.

  • May 11, 2026

    Federal Judge Dismisses Hurricane Ian Flood Coverage Suit As Untimely Under NFIA

    FORT MYERS, Fla.— A federal senior judge in Florida granted an insurer’s motion to dismiss an insured’s breach of contract suit seeking coverage under a Standard Flood Insurance Policy (SFIP) for its flood damage caused by Hurricane Ian, holding that an October 2023 letter from the insurer is a denial letter that began the one-year statute of limitations period under the National Flood Insurance Act (NFIA) and the SFIP.

  • May 11, 2026

    Judge Dismisses Insurer, Attorney From Property Owners’ Suit Alleging Fee Scheme

    NEW ORLEANS — A federal judge in Louisiana granted plaintiffs’ consent motions to dismiss a professional liability insurer and one attorney from their lawsuit alleging that attorneys committed legal malpractice and breach of contract by setting “up a scheme in an attempt to quickly settle thousands” of cases for damage caused by hurricanes Laura, Delta, Zeta and/or Ida and “collect an exorbitant fee” that they would all share.

  • May 08, 2026

    Federal Magistrate Recommends Dismissing Hurricane Ian Coverage Suit As Time-Barred

    ORLANDO, Fla. — A federal magistrate judge in Florida on May 7 issued a report recommending that an insured’s breach of contract lawsuit seeking flood coverage for its Hurricane Ian property damage be dismissed with prejudice, agreeing with the insurer that the insured failed to file its lawsuit within the one-year limitations period established in the National Flood Insurance Act.

  • May 06, 2026

    California Department Of Insurance Accuses Insurer Of 432 Claims Handling Violations

    OAKLAND, Calif. — The California Department of Insurance accused an insurer of 432 violations following an examination and investigation into its handling of claims arising from the Eaton and Palisades fires in Los Angeles County and ordered the insurer to show cause why it should not have to pay a monetary penalty under California Insurance Code Section 790.035 for its unfair claims settlement practices.

  • May 05, 2026

    U.S. Expresses Interest In California Homeowners’ Antitrust Suit Against Insurers

    LOS ANGELES — The United States of America filed a statement of interest in a lawsuit filed by California homeowners affected by the Los Angeles wildfires against their insurers for violations of the state’s Cartwright Act and unfair competition law (UCL), negligence and fraud, noting that although the action asserts only state competition law claims, the United States has a strong interest because the alleged conduct by the insurers “presents a serious concern under the federal antitrust laws.”

  • May 04, 2026

    Issues Of Fact Exist On Whether Coverage Exists For Sea Snails’ Deaths, Panel Says

    SAN JOSE, Calif. — A trial court erred in granting summary judgment to an agricultural business insurer on breach of contract and declaratory relief claims because issues of fact exist as to whether additional coverage is owed under the policy for the death of the insured’s sea snails, which occurred after a power outage stemming from nearby wildfires, the California Sixth District Court of Appeal said in partially reversing the trial court’s ruling.

  • May 01, 2026

    Panel: Texas Insured Not Entitled To Windfall Recovery In Hurricane Nicholas Suit

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on April 30 affirmed a lower federal court’s summary judgment ruling in favor of an insurer in a breach of contract lawsuit over an insured’s claim for roof damage caused by Hurricane Nicholas, holding that the insured failed to establish that a “full” roof replacement is necessary under the homeowners insurance policy for his alleged Hurricane Nicholas damage despite his failure to replace the roof after his 2017 Hurricane Harvey claim.

  • May 01, 2026

    Federal Judge Grants Insurer’s Motion To Consolidate 8 Flood Coverage Disputes

    TAMPA, Fla. — A federal judge in Florida granted a federal flood insurer’s motion to consolidate eight flood damage coverage lawsuits, holding that although the Standard Flood Insurance Policies (SFIPs) and claim files are different for each alleged loss, the legal claims and defenses in the lawsuits are similar and, therefore, consolidation is appropriate.

  • April 30, 2026

    Plaintiff Says It Was Unaware Properties Not Insured Before $1.1M Hurricane Damage

    AUGUSTA, Ga. — A real estate investment company sued its insurance broker in a Georgia federal court for breach of contract, estoppel, negligence and breach of fiduciary duty, alleging that the broker failed to obtain insurance coverage for 11 of its rental properties that incurred $1.1 million in damages caused by Hurricane Helene.

  • April 29, 2026

    Judge Refuses To Dismiss Insureds’ Flood Coverage Suit Arising From Hurricane Ian

    FORT MYERS, Fla. — A senior federal judge in Florida on April 28 denied a Write-Your-Own insurer’s motion to dismiss its insureds’ breach of contract and declaratory judgment lawsuit arising from flood damage caused by Hurricane Ian, rejecting the insurer’s contention that the lawsuit is not ripe for adjudication because the insureds did not comply with the Standard Flood Insurance Policy’s requirement that a written denial be issued before filing a lawsuit.

  • April 29, 2026

    Insured Failed To Provide Claim For Property’s Actual Cash Value In Milton Dispute

    TAMPA, Fla. — A Florida federal judge granted a commercial property insurer’s unopposed motion for final summary judgment in its insured’s breach of contract lawsuit prompted by property damage caused by Hurricane Milton, holding that the insurer is entitled to summary judgment because the insured did not demonstrate that it presented the insurer with a claim for the actual cash value of its property.

  • April 29, 2026

    Panel Affirms Dismissal Of Hurricane Irma Coverage Suit, Denies Attorney Fees

    MIAMI — Bound by Cantens v. Certain Underwriters at Lloyd’s London, a Florida appeals panel affirmed a lower court’s dismissal of insureds’ Hurricane Irma coverage lawsuit because they failed comply with the presuit notice requirements under Florida Statutes Section 627.70152(3)(a).

  • April 28, 2026

    Judge Denies Insurer’s Motion To Dismiss Breach Of Contract Suit Over Flood Damage

    TAMPA, Fla. — A federal judge in Florida on April 27 denied without prejudice a Write-Your-Own insurer’s motion to dismiss an insured’s breach of contract lawsuit arising from Hurricane Helene flood damage as untimely, concluding that dismissal is premature because the insured disputes the authenticity of the insurer’s denial letter and the applicable limitation of filing a lawsuit depends on the mailing date of the denial letter.

  • April 24, 2026

    11th Circuit Affirms Court’s Dismissal Of Hurricane Ian Flood Dispute As Untimely

    ATLANTA — The 11th Circuit U.S. Court of Appeals affirmed a lower federal court’s dismissal of an insured’s breach of contract lawsuit arising from flood damage caused by Hurricane Ian, agreeing with the lower court that that lawsuit was untimely under 42 U.S. Code Section 4072 because it was filed more than one year after the insurer issued the first letter denying coverage.

  • April 24, 2026

    California Fair Plan Association Appeals Ruling As To Declaratory Judgment Claim

    LOS ANGELES — The California Fair Plan Association (CFP) said it is appealing a California court’s grant of summary adjudication in favor of an insured as to his sole remaining claim for declaratory relief in his lawsuit alleging that CFP issued property insurance policies with fire coverage that is unlawfully restrictive as to smoke damage claims.

  • April 23, 2026

    Court Erred In Refusing To Stay Suit Pending Arbitration With Foreign Insurers

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on April 22 affirmed a lower federal court’s ruling that compelled arbitration as to the foreign insurers but denied it as to the domestic insurers in a Hurricane Ida coverage dispute but concluded that the court abused its discretion by denying the insurers’ motion to stay the lawsuit pending arbitration of the Louisiana hospital insured’s claims against the foreign insurers.

  • April 22, 2026

    Judge Dismisses Claims As To Maryland, Insurer In Baltimore Bridge Collapse Suit

    BALTIMORE — A federal judge in Maryland on April 21 dismissed without prejudice all claims between Maryland, the insurer of the Maryland Transportation Authority (MDTA), and the owner and technical manager of the ship M/V Dali, which allided with and destroyed the Francis Scott Key Bridge in Baltimore on March 26, 2024, after the parties indicated that they had reached a settlement in the exoneration lawsuit.