Court Declines to Compel Appraisal Where Coverage is Disputed[1]
In FutureCare Health and Management Corporation v. Affiliated FM Insurance Company, 2026 WL 1947844 (D. Md. 2026), the United States District Court for the District of Maryland held that appraisal was not appropriate where the insurer disputed coverage for all claimed losses, rather than merely…
In Global Approach, Inc. v. Scottsdale Insurance Co., 2026 WL 1513430 (S.D. Fla. June 1, 2026), the United States District Court for the Southern District of Florida granted summary judgment to the insurer, holding that the insured’s six-week delay in reporting a water loss – coupled with pre-notice demolition and repairs – violated the policy’s…
In 5th and Main Condominium Association, Inc. v. Great American Insurance Company of New York, 2026 WL 1103277 (M.D. Tenn. 2026), the United States District Court for the Middle District of Tennessee denied the insured’s motion to compel discovery seeking information about alleged “mismatched exclusions” contained in other insurance policies issued by the insurer. The…
In Deja Realty Corp. v. Travelers Indemnity Company of America, 2026 WL 683303 (S.D.N.Y. 2026), the United States District Court for the Southern District of New York granted summary judgment to the insurer, holding that the insured’s year-long delay in providing notice of property damage violated the policy’s condition precedent requiring “prompt notice.” Because New…
In Stella Property Development and Event Production, LLC v. Auto-Owners Insurance Company, 2026 WL 221489 (W.D. Pa. 2026), the United States District Court for the Western District of Pennsylvania denied summary judgment as to the applicability of the subject property policy’s (i) wear and tear and (ii) inadequate maintenance exclusions, holding that those issues were…
In Century Surety Co. v. EC & SM Guerra, LLC, 5:23-CV-01215-XR-RBF, 2025 WL 2602288 (W.D. Tex. Aug. 21, 2025) aff’2025 WL 2598375 (Sept. 5, 2025), the United States District Court for the Western District of Texas reaffirmed the magistrate’s report and recommendation holding that because the insured received a policy with its requested limits, Century…
Florida’s Fourth District Court of Appeal recently clarified the enforceability of the “residence-premises” requirement in homeowners’ insurance policies. In Universal Property & Casualty Insurance Company v. Boniface Jean, the appellate court reversed a jury verdict in favor of the homeowner, holding that coverage cannot be created by waiver when the insured does not reside at…
In Cannon Falls Area Schools v. Hanover American Insurance Company (2025 WL 2976533 (D. Minn. 2025)), the United States District Court for the District of Minnesota held that a property insurer properly denied coverage pursuant to a cosmetic damage exclusion because hail indentations to roofs affected only their appearance, not their ability to function as…
In Luke, Inc. v. Berkley National Insurance Company, 2025 WL 2210783 (W.D. Tenn. 2025), the United States District Court for the Western District of Tennessee determined that the “completion” of a construction project for purposes of coverage under a builder’s risk policy concerned the permanent physical elements of the structure, and not whether it was…
In Carr v. Spinnaker Insurance Company, the United States Court of Appeals for the Ninth Circuit upheld the district court’s finding that property damage resulting from objectionable and imperfect work performed by an unlicensed contractor did not constitute covered vandalism or malicious mischief under a property insurance policy. Instead, the loss fit squarely within the…
