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Mealey's Catastrophic Loss

  • November 13, 2025

    Insurers’ Objections To Discovery Orders Substantially Overruled In COVID-19 Suit

    NEW YORK — A federal judge in New York substantially overruled insurers’ objections to discovery orders that 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 the insurers to produce certain documents they have withheld as privileged in a coronavirus coverage dispute.

  • November 13, 2025

    Majority Refuses To Consider Insureds’ Plea To Review Hurricane Coverage Suit

    NEW ORLEANS — A majority of the Louisiana Supreme Court on Nov. 12 refused to consider insureds’ application for a supervisory writ seeking review of a lower court’s interlocutory judgment that denied their motion for summary judgment to enforce appraisal amounts in a coverage dispute over hurricanes Laura and Delta damage and vacated the lower court’s grant of Louisiana Insurance Guaranty Association’s motion for partial summary judgment, ruling that the application was untimely.

  • November 13, 2025

    Federal Judge Refuses To Remand Bad Faith Suit Over Hurricane Ida Coverage Dispute

    NEW ORLEANS — A federal judge in Louisiana denied an insured’s motion to remand its breach of contract and bad faith lawsuit against its insurer, holding that the court has diversity jurisdiction over the lawsuit arising from Hurricane Ida damage.

  • November 12, 2025

    Insured Asks Court To Reconsider No Coverage Ruling In Hurricane Ida Suit

    NEW ORLEANS — An insured moved a Louisiana federal court to reconsider its summary judgment ruling in favor of her property insurer in her breach of contract and bad faith lawsuit arising from damage caused by Hurricane Ida, arguing that the inspection reports, expert affidavits and itemized estimates clearly raise factual disputes as to the scope of her damages and the insurer’s bad faith handling.

  • November 12, 2025

    Texas Federal Judge Dismisses Insurance Adjusters From Storm Damage Coverage Suit

    AMARILLO, Texas — A Texas federal judge granted a property insurer’s motion to dismiss two insurance adjusters from its insureds’ breach of contract suit arising out of a storm damage coverage dispute because the insurer accepted liability for any claims alleged against the insurance adjusters.

  • November 10, 2025

    COMMENTARY: Uh-EUO: How Examinations Under Oath Impact Claims

    By Rachel E. Hudgins, Kevin V. Small and Charlotte E. Leszinske

  • November 10, 2025

    La. Panel Reverses Denial Of Summary Judgment For LIGA In Hurricane Damage Dispute

    BATON ROUGE, La. — A Louisiana appellate court reversed a lower court ruling denying summary judgment to the Louisiana Insurance Guaranty Association (LIGA) in a Hurricane Ida coverage dispute with an insured whose property was insured by a now-insolvent insurer, finding that the insured failed to show the existence of issues of material fact and failed to file a proof of claim against the insolvent insurer before the required deadline.

  • November 10, 2025

    Federal Judge: Suit Seeking Coverage For Hurricane Ida Flood Damage Is Untimely

    NEW ORLEANS — A federal judge in Louisiana granted a Write-Your-Own insurer’s motion for summary judgment in an insured’s lawsuit seeking coverage for his flood damage caused by Hurricane Ida, holding that the insured’s breach of contract claim was time-barred because it was filed more than a year after the issuance of the first letter that partially denied coverage.

  • November 06, 2025

    Judge: Insured’s Failure To Toll Statute Of Limitations Is Fatal To Claims

    CHICAGO — A federal judge in Illinois granted an insurer’s motion for summary judgment in its insured’s breach of contract and bad faith lawsuit arising from hail and wind damage to the roofs of its 27-building condominium complex, holding that the insured’s failure to toll the statute of limitations is fatal to its claims.

  • November 05, 2025

    N.C. Judge: Property Insurers Must Cover Loss After Incident At Iron Ore Facility

    CHARLOTTE, N.C. — Ruling on summary judgment motions, a North Carolina judge held that property insurers must provide coverage for their insureds’ losses following an incident at an iron ore processing facility, determining that unlike the insured in North State Deli, LLC v. Cincinnati Insurance Co., the insureds present evidence of tangible harm to trigger coverage and the faulty design and inherent defect policy exclusions do not apply.

  • November 05, 2025

    Insured’s Appeal In Flood Damage Dispute Dismissed For Want Of Prosecution

    LAKE CHARLES, La. — The Fifth Circuit U.S. Court of Appeals dismissed an insured’s appeal of a Louisiana federal court’s ruling that her claims for flood damage caused by Hurricane Delta and a separate flood event are time-barred under a Standard Flood Insurance Policy (SFIP) and must be dismissed with prejudice, noting that the insured failed to timely pay the fee on appeal.

  • November 04, 2025

    Majority Affirms Ruling In Favor Of Travel Insurers In Unjust Enrichment, UCL Suit

    PASADENA, Calif. — A majority of the Ninth Circuit U.S. Court of Appeals affirmed a lower federal court’s grant of summary judgment in favor of travel insurers in a plaintiff’s unjust enrichment and unfair competition lawsuit, holding that the insured is not entitled to recover any portion of the premium for a travel insurance policy he purchased for a cruise that was later canceled due to the coronavirus pandemic because there was no unearned premium.

  • November 03, 2025

    Hawaii Appeals Court Vacates Ruling In Insurer’s Favor In COVID-19 Coverage Suit

    HONOLULU — The Hawaii Intermediate Court of Appeals determined that a restaurant and bar owner insured established that there is a genuine issue of material fact regarding whether its business interruption was “caused by direct physical loss of or damage to property” at its insured premises and that its commercial insurer did not establish that any policy exclusion barred coverage, vacating a lower court’s judgment in favor of the insurer and remanding for further proceedings.

  • October 29, 2025

    N.C. Judge Refuses To Dismiss $50M Coverage Suit Arising From Coronavirus

    GREENSBORO, N.C. — A North Carolina judge denied primary and excess insurers’ motion to dismiss a limited partnership that owns and operates shopping centers containing outlet stores’ breach of contract and bad faith lawsuit seeking coverage for its alleged “tens of millions of dollars in losses” caused by the coronavirus pandemic, holding that North Carolina law applies to the interpretation of the insurance policies at issue and discovery is necessary to determine the insured’s applicable date of loss.

  • October 24, 2025

    Panel Affirms Ruling In Insurer’s Favor In Bad Faith Suit Prompted By Winter Storm

    NEW ORLEANS — Noting that it is bound by Mirelez v. State Farm Lloyds, the Fifth Circuit U.S. Court of Appeals affirmed a lower federal court’s summary judgment ruling in favor of an insurer in Texas insureds’ bad faith lawsuit arising from property damage that was caused by pipes that burst following a winter storm.

  • October 24, 2025

    Homeowners Insurer’s Conduct Did Not Rise To Level Of Bad Faith, Federal Judge Says

    LITTLE ROCK, Ark. — An Arkansas federal judge granted a homeowners insurer’s motion to dismiss an insured’s bad faith claim after determining that the insured failed to allege that the insurer’s conduct in handling a claim for tornado damage rose to the level of bad faith.

  • October 22, 2025

    Federal Judge Dismisses Hurricane Ida Coverage Suit After Parties Reach Settlement

    NEW YORK — After an insured and its insurer indicated that they reached a settlement in principle, a federal judge in New York dismissed without prejudice the insured’s declaratory judgment, breach of contract and bad faith lawsuit seeking coverage for property damage to its Louisiana restaurant and warehouse that was caused by Hurricane Ida.

  • October 20, 2025

    Chemical Company Says Settlement Reached In Coverage Suit Arising From Explosion

    BEAUMONT, Texas — A sustainable chemical company insured filed a notice in a Texas federal court indicating that it has reached a settlement with its insurer of its breach of contract and declaratory judgment lawsuit seeking to obtain coverage for the full value of its business interruption loss caused by an explosion at a Texas plant.

  • October 20, 2025

    Mississippi High Court Denies Insurer’s Motion To Rehear Hurricane Katrina Suit

    JACKSON, Miss. — The Mississippi Supreme Court declined an insurer’s request to rehear a majority’s ruling that affirmed a jury's $10,457,858.89 damages award against the insurer in a Hurricane Katrina coverage dispute, reversed the lower court’s denial of the insured’s estate’s posttrial motion for attorney fees and rendered $4,500,000 in attorney fees to the estate plus postjudgment interest, standing by its ruling that the lower court’s decision to force the estate to use nearly half of its award to pay attorney fees fails to adequately compensate them for bringing the bad faith action against the insurer.

  • October 17, 2025

    Insurers, New Orleans Property Owners Settle $7M Hurricane Claim

    NEW ORLEANS — A group of foreign and domestic insurers and two New Orleans property owners jointly moved in Louisiana federal court to dismiss with prejudice the property owners’ claims for bad faith and for payment of approximately $7 million in damages to their properties caused by Hurricane Ida under surplus line insurance policies, after the court vacated a prior order compelling arbitration following a Louisiana Supreme Court ruling on the arbitrability of insurance claims.

  • October 14, 2025

    Florida Panel Affirms Order Compelling Appraisal In Hurricane Irma Coverage Suit

    WEST PALM BEACH, Fla. — Without explanation, a Florida appellate court affirmed a lower court order granting insureds’ motion to compel appraisal in a breach of contract suit against the Florida Insurance Guaranty Association (FIGA) over damage purportedly caused by Hurricane Irma.

  • October 13, 2025

    Insurer Appeals Judgment In Indemnification Suit Arising From Hurricane Zeta Damage

    NEW YORK — A defendant insurer on Oct. 10 appealed a New York federal court’s findings that it has a duty to defend against underlying actions arising from damages caused when Hurricane Zeta’s winds purportedly caused a tower crane that was working on top of a New York construction project to become loose and “spin” and that it has a duty to indemnify the plaintiff insurer for $476,575.25 in costs arising from the underlying claims.

  • October 13, 2025

    Newsom Signs FAIR Plan Legislation For State ‘Insurer Of Last Resort’

    SACRAMENTO, Calif. — California Gov. Gavin Newsom signed California Assembly Bill 234, California FAIR Plan Association Governing Committee, a bill sponsored by Democratic Assembly Member Lisa Calderon, who stated that the bill “increases transparency of the FAIR Plan by requiring the Speaker of the Assembly and the Chairperson of the Senate Committee on Rules (or a designee) to serve as members” of the committee and “ensures the public has a seat at the table.”

  • October 10, 2025

    Judge Administratively Closes Hurricane Ian Coverage Suit After Parties Settle

    FORT MYERS, Fla. — A Florida federal judge on Oct. 9 administratively closed a breach of contract lawsuit arising from property damage caused by Hurricane Ian the same day a write-your-own insurer and its insured announced that they reached a settlement.

  • October 09, 2025

    Court: Expert Testimony Showed Evidence Hurricane Caused Damage, JNOV An Error

    WEST PALM BEACH, Fla. — A Florida trial judge improperly “supplanted the jury’s role as factfinder” when he reweighed photographic evidence and granted an insurer’s motion for judgment notwithstanding the verdict (JNOV) after a jury considered expert testimony and evidence to find that Hurricane Irma created a hole in a home’s roof, a state appeals court ruled Oct. 8.