The Property Line

Page 5 of 6

“Oh, I’ve Seen Fire and I’ve Seen Rain:” Ninth Circuit Finds Damage From Mudslides a Month After a Fire Still Found to Be “Directly” Caused by Fire

In Stankova et al. v. Metropolitan Prop. & Cas. Ins. Co., 2015 U.S. App. LEXIS 8935 (9th Cir. Ariz. May 29, 2015), the U.S. Court of Appeals for the 9th Circuit overturned a District Court ruling, finding that damage caused… Continue Reading →

Bad Faith Claim Supported by Evidence That Insurer Tried to “Overwhelm” and “Frustrate” an Insured

By way of its declaratory judgment complaint filed in Great American Ins. Co. v. GRM Management, LLC, 2014 U.S. Dist. LEXIS 164147 (E.D. Vir. Nov. 24, 2014), Great American sought a declaration that no coverage was owed to its insureds… Continue Reading →

Where the Insured’s Material Misrepresentations Void the Policy, the Insurer Cannot Be Liable for Bad Faith

In Wright v. Grange Mut. Cas. Co., No. 3:13-CV-00747, 2015 U.S. Dist. LEXIS 35733 (W.D. Ky. March 23, 2015), the insured owned a U.S. Tobacco Outlet convenience store in Kentucky that sold tobacco products and accessories. On July 2, 2011,… Continue Reading →

Estimated Costs Related to Storm Damage: Policyholder Survives Summary Judgment on a Breach of Contract Claim While Insurer Prevailed on Bad Faith Claims

The U.S. District Court for the Southern District of Texas granted State Farm Lloyds’ summary judgment motion as to three statutory bad faith claims, finding that the plaintiff failed to allege sufficient facts to support claims of bad faith conduct,… Continue Reading →

California Court Finds Proposition 103 Prohibits Insurers From Including Costs Related to Certain Advertising Activities in Premiums

Proposition 103, enacted in California in 1988, requires approval by the California Department of Insurance before implementing property and casualty rates. Proposition 103 also allows for policyholders to participate in the process setting rates for auto and property insurance. Since… Continue Reading →

Court Rules in Favor of Policyholder: Policy Does Require Replacement of All Siding When Necessary for a Color Match Even Though Only a Portion Was Damaged by Hail

The Minnesota Supreme Court affirmed an appraisal award in favor of the Cedar Bluff Townhome Condominium Association for total replacement of all siding on the insured building, rather than just the hail-damaged siding. Cedar Bluff Townhome Condominium Assoc, Inc. v…. Continue Reading →

Notable First-Party Property Decisions In 2014

Decision Impact Millennium Organic Chemicals Ltd. v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA, et al., 744 F.3d 279 (4th Cir. Feb. 20, 2014) Our full analysis of this decision can be found in our April 2014 post.  … Continue Reading →

Fifth Circuit Finds Misstatements About Foreclosure on Renewal Applications Voids Homeowners Coverage

The U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment for Nationwide Mutual Insurance Company (Nationwide) in the case of Nationwide Mut. Ins. Co. v. Baptist, 762 F.3d 447 (5th Cir. Miss. 2014). Multiple fires occurred at the… Continue Reading →

Insured Is Still Entitled to Dwelling Replacement Insurance Even If Home Is in Foreclosure at the Time of the Loss

In Christmas v. Nationwide Mut. Ins. Co., 2014 U.S. Dist. LEXIS 91735 (E.D. North Carolina 2014), the U.S. District Court for the Eastern District of North Carolina considered the question of who, if anyone, receives the dwelling replacement insurance payment… Continue Reading →

Washington Federal Court: Pre-Denial Communications Between Insurer and Its Counsel Protected, as Long as It Is Clear That Privilege Applies

In MKB Constructors v. Am. Zurich Ins. Co., No. C13-0611, 2014 U.S. Dist. LEXIS 78883 (W.D. Wash. May 27, 2014), the District Court followed federal law, rather than Washington state court precedent, to find the insurance company had established that… Continue Reading →

« Older posts Newer posts »

© 2025 The Property Line — Powered by WordPress

Theme by Anders NorenUp ↑