ATLANTA - The 11th Circuit U.S. Court of Appeals on Jan. 24 reversed and remanded a lower federal court's $1.3 million judgment against an excess insurer in a Florida property manager's lawsuit seeking excess coverage for Hurricane Wilma damage, finding that Florida's insurable interest statute bars recovery beyond the property manager's revenue stream from the damaged property (Banta Properties Inc. v. Arch Specialty Insurance Co., No. 12-14186, 11th Cir.; 2014 U.S. App. LEXIS 1419).
NEW ORLEANS - Contending that their claims of flood damage from the Army Corps of Engineers' alleged negligent dredging of the Mississippi River Gulf Outlet (MRGO) are not foreclosed, plaintiffs on Jan. 14 appealed a federal district court's ruling in favor of the United States in a Hurricane Katrina dispute (In re: Katrina Canal Breaches Consolidated Litigation, No. 05-4182, E.D. La.; 2013 U.S. Dist. LEXIS 180464).
WEST PALM BEACH, Fla. - A Florida federal judge found Jan. 13 that there are genuine issues of material fact as to whether a "special relationship" existed between an insurance broker and a condominium association insured, denying the broker's renewed motion for summary judgment in a lawsuit arising from damage caused by Hurricanes Frances and Jeanne (Tiara Condominium Association Inc. v. Marsh USA Inc., No. 08-80254, S.D. Fla.; 2014 U.S. Dist. LEXIS 3677).
GALVESTON, Texas - A Texas federal magistrate judge on Jan. 9 granted a federal flood insurer's motion for summary judgment in a coverage dispute arising from Hurricane Ike damage, dismissing all claims against the insurer with prejudice (Christina Melinder v. Texas Farmers Insurance Co., et al., No. G-10-516, S.D. Texas; 2014 U.S. Dist. LEXIS 2596).
GALVESTON, Texas - A federal magistrate judge on Jan. 7 entered final judgment in favor of a federal flood insurer in a coverage dispute over Hurricane Ike damage, finding that the insured violated the policy by swearing to false statements in the proof of loss (Peter Charnock v. Fidelity National Property and Casualty Insurance Co., No. G-10-cv-450, S.D. Texas; 2014 U.S. Dist. LEXIS 1491).
TRENTON - An insurer's reformation of two of a condominium association insured's four Standard Flood Insurance Policies (SFIPs) was mandated by federal law, a New Jersey federal judge ruled Dec. 4, dismissing with prejudice the insured's breach of contract claim based on those two policies (The Residences at Bay Point Condominium Association Inc. v. The Standard Fire Insurance Company, et al., No. 13-02380 (FLW)(LHG), D. N.J.; 2013 U.S. Dist. LEXIS 170811).
CENTRAL ISLIP, N.Y. - A New York federal judge on Dec. 3 found that plaintiffs' breach of contract claims are not properly joined in a lawsuit seeking federal flood coverage for damage caused by Superstorm Sandy (Linda Salle, et al. v. Allstate Insurance Co., No. 13 CV 6020 (SJF)(GRB), E.D. N.Y.; 2013 U.S. Dist. LEXIS 171026).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Dec. 6 affirmed a lower federal court's ruling that an excess public entity insurer has a duty to defend its state parish government insured against damages it allegedly caused in condemning and demolishing properties deemed unsafe after Hurricane Katrina (Lexington Insurance Co. v. St. Bernard Parish Government, No. 13-30300, 5th Cir.).
TRENTON, N.J. - The rescission of an insurance policy does not render moot an insured's claims for indemnification and professional negligence against insurance agents regarding denied coverage for hurricane damage, a New Jersey appeals panel held Nov. 20 (Those Certain Underwriters at Lloyd's, London subscribing to policy number BUY1780 v. Cleopatra LLC d/b/a Eden ROC Motel and Affifa Michael v. KK Insurance Agency Inc. and Kiran M. Sondhi, No. A-1312-12T3, N.J. Super. App. Div.; 2013 N.J. Super. Unpub. LEXIS 2797).
JACKSON, Miss. - A trial court correctly admitted expert testimony that wind from Hurricane Katrina damaged a couple's roof structure, but it wrongly shifted the burden of proof for other damage to the property owners, the Mississippi Supreme Court held Nov. 7 in reversing a directed verdict for the insurer on coverage (Jack and Margaret Ann Hoover v. United Services Automobile Association, No. 2011-CA-01486-SCT, Miss. Sup.; 2013 Miss. LEXIS 578).
LAKE CHARLES, La. - A Louisiana appeals panel on Nov. 6 reversed a lower court's ruling rejecting an insurer's request to have a judgment against it in a Hurricane Rita coverage dispute declared as satisfied, further reversing the lower court's judgment ordering the insurer to pay $36,853.86 to the insured or suffer an interest penalty (Clarence M. Leland, et al. v. Lafayette Insurance Co., No. 13-476, La. App., 3rd Cir.; 2013 La. App. LEXIS 22892013 La. App. LEXIS 2289).
NEW ORLEANS - A Louisiana federal judge on Nov. 7 found that fact issues preclude a summary judgment ruling in favor of an insured in a dispute over building coverage for flood damage caused by Hurricane Isaac (Lisa Hillard v. Bankers Specialty Insurance Co., No. 13-200, E.D. La.; 2013 U.S. Dist. LEXIS 159674).
JACKSON, Miss. - A church insured's July 8, 2009, motion to set aside judgment or, in the alternative, for a new trial in a Hurricane Katrina coverage dispute tolled the statute of limitations on the underlying breach of contract claim; therefore, the trial court erred in dismissing the insured's second complaint against its insurer, the Mississippi Supreme Court ruled Oct. 31 (Sweet Valley Missionary Baptist Church v. Alfa Insurance Corp., et al., No. 2010-CT-01807-SCT, Miss. Sup.; 2013 Miss. LEXIS 574).
CHICAGO - The sale of a hurricane-damaged apartment complex "in its unrepaired state did not extinguish $(the policyholder's$) right to recover on $(its$) mature claim," a Seventh Circuit U.S. Court of Appeals panel ruled Oct. 25, reviving the policyholder's breach of contract and bad faith claims against its excess insurer (Edgewood Manor Apartment Homes LLC, et al. v. RSUI Indemnity Co., No. 12-1480 and 12-1508, 7th Cir.; 2013 U.S. App. LEXIS 21939).
WEST PALM BEACH, Fla. - A Florida appeals panel on Oct. 23 reversed and remanded a hurricane coverage dispute for a trial court to decide whether homeowners were reasonably likely to incur general contractor overhead and profit expenses as part of their damages (Ronald Juvonen, et al. v. United Property and Casualty Insurance Co., No. 4D12-230, Fla. App., 4th Dist.; 2013 Fla. App. LEXIS 16775).
NEW ORLEANS - A Louisiana federal judge on Oct. 21 remanded a class suit over power outages caused by a hurricane to state court and partially excluded evidence from the class's expert (Courtney Payton, et al. v. Entergy Corporation, et al., No. 12-2452, E.D. La.; 2013 U.S. Dist. LEXIS 150824).
HOUSTON - A Texas appeals panel on Oct. 8 affirmed a lower court's take-nothing judgment against an insurer in an insured's breach of contract and bad faith lawsuit arising from Hurricane Ike (Shafaii Children's Trust and Party and Reception Center Inc. v. West American Insurance Co., et al., No. 14-12-00447-CV, Texas App; 14th Dist.; 2013 Tex. App. LEXIS 12461).
GALVESTON, Texas - Insureds' damages are permanent and directly attributable to their reliance on the purported misconduct of the U.S. government's fiscal agent, a Texas federal magistrate judge ruled Oct. 8, denying a federal flood insurer's motion for summary judgment in a coverage dispute involving Hurricane Ike damage (Robert Spong, et al. v. Fidelity National Property and Casualty Ins. Co., et al., No. G-10-228, S.D. Texas, Galveston Div.; 2011 U.S. Dist. LEXIS 87330; 2013 U.S. Dist. LEXIS 145222).
NEW ORLEANS - A majority of the Louisiana Supreme Court refused to hear an appeal of the Fourth Circuit Louisiana Court of Appeal's ruling in a Hurricane Katrina coverage dispute, according to a news release issued Oct. 2 (Orleans Parish School Board v. Lexington Insurance Co., et al., No. 2013-C-2205, La. Sup.).
GALVESTON, Texas - An insured failed to timely submit a proof of loss for additional benefits over Hurricane Ike damage, a Texas federal magistrate judge ruled Sept. 27, granting the insurer's motion for summary judgment (Paula Fiedler v. Fidelity National Property and Casualty Insurance Co., No. G-11-025, S.D. Texas; 2013 U.S. Dist. LEXIS 139113).
NEWARK, N.J. - A New Jersey federal judge on Sept. 25 refused to dismiss an insured's negligent misrepresentation claim against her insurance broker in a Hurricane Sandy coverage dispute, rejecting the broker's argument that the claim is federally preempted (Widad Danho v. Fidelity National Indemnity Insurance Co., et al., No. 2:13-CV-04547 $(JLL$)$(JAD$), D. N.J.; 2013 U.S. Dist. LEXIS 138609).
NEW ORLEANS - Insurers can proceed with third-party claims for indemnity against a roofing contractor in a dispute with insureds over repair costs to a roof following a hurricane, a Louisiana federal judge ruled Sept. 10 (Cedar Ridge LLC v. Landmark American Insurance Co., et al., No. 13-672, E.D. La.; 2013 U.S. Dist. LEXIS 128996).
NEW ORLEANS - Property contamination damage class action claims alleged against the operator of a Plaquemine Parish, La., chemical terminal inundated when levees failed following landfall by Hurricane Isaac were remanded in part Sept. 10 in the U.S. District Court for the Eastern District of Louisiana (Donna Mumfrey-Martin, et al. v. Stolthaven New Orleans, et al., No. 12-2539 $(consolidated$), E.D. La.; 2013 U.S. Dist. LEXIS 129790).
GALVESTON, Texas - A Texas federal magistrate judge on Aug. 27 dismissed an insured's lawsuit seeking additional coverage for Hurricane Ike damage, finding that her failure to submit an additional proof of loss is fatal to her claim (Susan Mardis v. Fidelity National Property, et al., No. 10-7037, S.D. Texas; 2013 U.S. Dist. LEXIS 121552).
MIAMI - A Florida appellate court majority on Aug. 28 found that there is a material question of fact regarding insureds' notice of their alleged property damage loss stemming from Hurricane Wilma, reversing a lower court's ruling in favor of the homeowners insurer in a breach of contract dispute (Paul and Fely Siguenza v. Citizens Property Insurance Corp., No. 3D12-1337, Fla. App., 3rd Dist.; 2013 Fla. App. LEXIS 13686).