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
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Court Finds Late Notice an Absolute Bar to Coverage in Property Claim
By Joshua Tumen
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…
Court Says Ensuing Loss Requires More Than Increased Susceptibility
By Joshua Tumen
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…
Texas Court Affirms No Duty to Advise on Coverage Adequacy: Key Takeaways from Century Surety’s Win
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 Appellate Court Confirms Insurer Cannot Waive Residency Requirement in Homeowners Policy
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…
Dents Don’t Count: Court Clarifies Hail Damage Coverage
By Joshua Tumen
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…
Court Interprets “Completion” of a Project Under Builder’s Risk Insurance
By Joshua Tumen
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…
Court Differentiates Faulty and Defective Workmanship from Vandalism or Malicious Mischief
By Joshua Tumen
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…
Southern District Court of New York Permits Extensive Discovery of Reserve And Reinsurance Information in Bad Faith Litigation
In Mandarin Oriental, Inc. v. HDI Glob. Ins. Co. et al., Civil Action No. 23 Civ. 4951, 2025 WL 1638071 (S.D.N.Y. June 10, 2025), the District Court of the Southern District of New York followed the modern trend and allowed discovery of reserve and reinsurance information in coverage litigation with allegations of bad faith.
Facts…
Insurer’s Use of Conflicting Reports Not Bad Faith, Says Court
By Paul Ferland
In El Dueno, LLC v. Mid-Century Insurance Company (2025 WL 1540329) (10th Cir. 2025)), the Tenth Circuit Court of Appeals affirmed summary judgement on behalf of the insurer on the basis that the insurer did not act in bad faith when it denied the insured’s claim based on an engineering report that contradicted an adjuster’s…