NEW YORK — A New York appeals panel on Feb. 21 found that an insurer failed to demonstrate prima facie that all of its restaurant insured’s claimed losses were caused by flood waters resulting from Superstorm Sandy (Pastabar Café Corporation v 343 East 8th Street Associates, LLC, et al. No. 2899, 652078/13, N.Y. Sup., App. Div., 1st Dept., 2017 N.Y. App. Div. LEXIS 1285).
AUSTIN, Texas — The Texas Supreme Court lifted a Dec. 8 abatement order in a wind coverage dispute, reinstated the insurer’s petition for review and granted the insurer’s unopposed motion to dismiss the suit after the parties reached a settlement, according to its Feb. 10 orders pronounced (State Farm Lloyds v. Ginger Hanson, No. 16-0799, Texas Sup.).
CHICAGO — The Seventh Circuit U.S. Court of Appeals on Feb. 17 partly reversed a lower federal court’s ruling in favor of an insurer in a coverage dispute arising from the collapse of an airport terminal during construction (Indianapolis Airport Authority v. Travelers Property Casualty Co. of America, No. 16-2675, 7th Cir., 2017 U.S. App. LEXIS 2856).
AUSTIN, Texas — The Texas Supreme Court refused to revisit its ruling in a hailstorm coverage dispute that directed a lower court to vacate the part of its discovery order compelling production of management reports and emails and to re-evaluate the issue of sanctions against the insurer, according to its Feb. 17 orders pronounced (In Re National Lloyds Insurance Co., No. 15-0452, Texas Sup.).
CHARLOTTE, N.C. — A North Carolina federal judge on Feb. 8 granted a motion to remand insureds’ breach of contract lawsuit against their insurer, finding that their complaint makes no claims as to the insurer’s denial of their flood loss claim but instead asserts that the insurer’s procurement of the “worthless” insurance policy was “improper, misleading and deceptive” (Don Henderson, et al. v. Nationwide Mutual Fire Insurance Co., No.16-839, W.D. N.C., 2017 U.S. Dist. LEXIS 17926).
MIAMI — A Florida appeals panel on Feb. 15 reversed a lower court’s ruling compelling appraisal against an insurer in a Hurricane Wilma coverage dispute, finding that the insureds failed to comply with their post-loss duties under their insurance policy (State Farm Florida Insurance Co. v. Jose R. Fernandez and Sandra Fernandez, No. 3D16-1441, Fla. App., 3rd Dist., 2017 Fla. App. LEXIS 2004).
DALLAS — Finding that an insured improperly joined an insurance adjuster in a dispute over coverage for storm damage, a Texas federal judge on Feb. 14 denied the insured’s motion to remand and dismissed the claims against the adjuster without prejudice (Hutchins Warehouse Limited Partners v. American Automobile Insurance Co., et al., No. 16-3336, N.D. Texas, 2017 U.S. Dist. LEXIS 20417).
CAMDEN, N.J. — A New Jersey federal judge on Feb. 14 granted a federal flood insurer’s motion for summary judgment in a lawsuit brought by insureds seeking a declaration that they are entitled to coverage and compensatory damages stemming from the insurer’s purported mishandling of their Superstorm Sandy flood claim (Herbert Ruth and Danna Ruth v. Selective Insurance Company of America, No. 15-2616, D. N.J., 2017 U.S. Dist. LEXIS 20534).
DENVER — A two-year statute of limitations precludes an insured’s breach of contract claim against its insurer for denied coverage for property damage to commercial properties, a Colorado federal judge ruled Feb. 13 (The Pinewood Townhome Association Inc. v. Auto-Owners Insurance Co., No. 15-01604, D. Colo.; 2017 U.S. Dist. LEXIS 19999).
HOUSTON — A Texas appeals panel held Feb. 9 that a take-nothing judgment against insureds is proper because a commercial insurer overpaid the actual cash value of Hurricane Ike property damage by more than $1.5 million based on the jury's findings as to actual cash value (Triyar Companies, LLC, et al. v. Fireman's Fund Insurance Co., No. 14-14-00160, Texas. App., 14th Dist., 2017 Tex. App. LEXIS 1126).
GRETNA, La. — A Louisiana appeals panel on Feb. 8 affirmed a lower court’s ruling in favor of an insurer in a coverage dispute arising from Hurricane Isaac damage to a three-story building owned by the insured (Advanced Sleep Center, Inc., et al. v. Certain Underwriters At Lloyd's, London, No. 16-CA-525, La. App., 5th Cir.).
FORT WORTH, Texas — A Texas appeals panel on Feb. 9 held that insureds have failed to produce competent evidence to raise a genuine issue of material fact regarding whether their property damage loss occurred during their homeowners insurance policy period, affirming a lower court’s ruling in favor of the insurer and its adjuster (Richard Seim, et al. v. Allstate Texas Lloyds, et al., No. 02-16-00050, Texas App., 2nd Dist., 2017 Tex. App. LEXIS 1154).
WEST PALM BEACH, Fla. — A Florida appeals panel on Feb. 8 held that there is a reasonable possibility that the introduction of irrelevant and prejudicial evidence as to an insured’s health condition contributed to a jury verdict against an insurer in a dispute over coverage for roof damage caused by Hurricane Wilma, reversing for a new trial (State Farm Florida Insurance Co. v. Dina Figueroa, No. 4D15-2698, Fla. App., 4th Dist., 2017 Fla. App. LEXIS 1548).
TRENTON, N.J. — A New Jersey federal judge on Feb. 8 found that the developer of a condominium that is also a member of the insured condominium association does not have an insurable interest and is not entitled to building coverage under a standard flood insurance policy (SFIP), granting the insurer’s motion for summary judgment in a dispute over coverage for flood damage caused when the Raritan River overflowed (Branchburg Commerce Park, LLC v. Hartford Insurance Company of the Midwest, et al., No. 15-6719, D. N.J.; 2017 U.S. Dist. LEXIS 17518).
DES MOINES, Iowa — Finding that a church’s cause of loss was a flood and, consequently, that the loss was excluded under its insurance policy, an Iowa appeals panel on Feb. 8 affirmed a trial judge’s granting of an insurer’s motion for judgment notwithstanding a $717,000 verdict in favor of the church (Salem United Methodist Church of Cedar Rapids, Iowa v. Church Mutual Insurance Co., No. 16-0170, Iowa App., 2017 Iowa App. LEXIS 122).
HOUSTON — A Texas federal judge on Feb. 2 granted a federal flood insurer’s motion to dismiss all extracontractual state law claims brought by an insured in a coverage dispute arising from a heavy rainfall (Jianhua Ling v. Farmers Insurance Group d/b/a Fire Insurance Exchange, No. 16-2961, S.D. Texas, 2017 U.S. Dist. LEXIS 14882).
CAMDEN, N.J. — A federal judge in New Jersey on Feb. 2 found that a federal flood insurer’s letter that rejected its insured’s proof of loss for Superstorm Sandy damage constituted a written denial of the claim and, therefore, triggered a Standard Flood Insurance Policy’s (SFIP) one-year statute of limitations to bring a lawsuit (Anthony Migliaro v. Fidelity National Indemnity Insurance Co., No. 15-5688, D. N.J., 2017 U.S. Dist. LEXIS 15497).
STATEN ISLAND, N.Y. — A New York justice on Jan. 23 dismissed five out of six claims against an insurer in a Superstorm Sandy coverage dispute but allowed the breach of contract claim to proceed (Elite Catering Company, Inc. v. National Specialty Insurance Co., No. 101041/2013, N.Y. Sup., Richmond Co., 2017 N.Y. Misc. LEXIS 239).
SIOUX FALLS, S.D. — An insured has sufficiently pleaded more than just “mere conclusions” in making his insurance bad faith claim against his homeowners insurance carrier and, thus, his claim is sufficient pursuant to Federal Rule of Civil Procedure 8(a)(2), a federal judge in South Dakota ruled Feb. 3 in denying the insurer’s motion to dismiss (Steven Haney v. American Family Mutual Insurance Co., No. 16-4113, D. S.D., 2017 U.S. Dist. LEXIS 15154).
CAMDEN, N.J. — A New Jersey federal judge held on Feb. 1 that an assignee of a mortgage cannot collect on the insured mortgagee's standard flood insurance policies (SFIP) for a Superstorm Sandy loss that predates the assignment, granting two federal flood insurers’ motions for summary judgment (Goldstein Group Holdings, Inc. v. Hartford Insurance Company of the Midwest, et al., No. 15-03851, D. N.J.; 2017 U.S. Dist. LEXIS 14560).