The court denied the insurer’s motion to strike the insureds’ expert witnesses, and denied the insurer’s motion to dismiss claims under the Texas fair claims settlement act. Gerstman v. Crestbrook Ins. Co., 2025 U.S. Dist. LEXIS 108705 (N.D. Tex. Jun 9, 2025).
The insureds’ property suffered damage when, during a hail
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Illinois Appellate Court Holds Causation Can be Addressed in Appraisal Process
By Tred Eyerly
The Illinois Appellate Court held that issues of causation can be part of an appraisal process. Xaing Zhoa v. State Farm Fire & Cas., Co., 2025 Ill App. LEXIS 903 (Ill. App. Ct. May 12, 2025).
The insured had a homeowners policy with State Farm. A hailstorm damaged the insured’s home.…
Virginia Court of Appeals Finds Appraisal Award Not Reviewable under Arbitration Statute
By Tred Eyerly
The Virginia Court of Appeals affirmed the trial court’s conclusion that an appraisal award was not an arbitration award reviewable under the arbitration statute. Church Mutual Ins. Co., S.K. v. Ephesus Richmond Seventh-Day Adventist Church, 2025 Va. App. LEXIS 214 (Va. Ct. App. April 8, 2025).
Ephesus held a property insurance…
Negligence Claims against Insurance Agent Fail
By Tred Eyerly
The insureds’ suit against their agent for procuring an inadequate policy was dismissed with leave to amend. Pennington v. United States Assure Ins. Servs. of Fla, Inc., et al., 2025 U.S. Dist. LEXIS 82529 (N.D. Calif. April 30, 2025).
Plaintiffs Thomas and Kelli Pennington sued defendants US Assure Insurance Services of…
Court Upholds Appraisers’ Use of "Increased Cost of Construction" Provision
By Tred Eyerly
The court granted the insurer’s motion for summary judgment agreeing that the “increased Cost of Construction” provision limited the amount the appraisers could award. Bigfoot Co-Op A, Inc. v. Nationwide Mut. Ins. Co., Case No. 3:24-cv-00022-SMR-WPK (S.D Iowa April 21, 2025).
A hailstorm damaged five apartment buildings owned by insured Bigfoot…
Broker’s Liability for Inadequate Coverage Raises Issues of Fact
By Tred Eyerly
The lower court’s denial of cross-motions for summary judgment concerning the broker’s liability for allegedly procuring inadequate coverage was affirmed. Marcellus Energy Servs. LLC v. Tompkins Ins. Agencies, Inc, 2025 N.Y. App. Div. LEXIS 3032 (N.Y. App. Div. May 15, 2025).
Plaintiff Marcellus Energy Services LLC supplied truck drivers to operate…
Colorado Supreme Court Finds Economic Loss Rule Applies to Allegations of Willful and Wanton Conduct
By Tred Eyerly
The Colorado Supreme Court determined that no exception to the economic loss rule existed for allegations of willful and wanton conduct. Mid-Century Ins. Co. v. HIVE Construction, Inc., 2025 Colo. LEXIS 273 (Colo. April 21, 2025).
HIVE Construction, Inc. served as the general contractor for the construction of Masterpiece Kitchen, a…
Contractor Entitled to Defense in Suit Filed by Performance Bond Carrier
By Tred Eyerly
Interpreting Kentucky law, the Sixth Circuit determined that the contractor who failed to complete a project was entitled to a defense in an action brought by its performance bond carrier. Phoenix Ins. Co., et al. v. Wehr Constructors, Inc., 2025 U.S, App. LEXIS 9258 (6th Cir. April 18, 2025).
Wehr entered…
Summary Judgment Issued to Insurer After Shooting Death Reversed
By Tred Eyerly
The Eleventh Circuit reversed the district court’s grant of summary judgment to the insurer in a case involving coverage for a shooting death. Kinsale Ins. Co. v. Pride of St. Lucie Lodge 1189, Inc., 2025 U.S. App, LEXIS 9346 (11th Cir. April 18, 2025)
The Lodge was operating as a club…
Consumer Fraud Claim against Insured is Not an "Occurrence"
By Tred Eyerly
The Iowa Supreme Court determined that a consumer fraud claim against a contractor was not an “occurrence” and was not covered under the CGL policy. Dostart v. Columbia Ins. Group, 2025 Iowa Sup. LEXIS 48 (April 18, 2025).
Tyler Custom Homes entered into a construction contract with the Dostarts to construct…