http://www.lexisnexis.com/mealeys/news.aspx Headline Catastrophic Loss Legal News from LexisNexis® en-us http://www.lexisnexis.com/mealeys/images/lexismealeyslogo.gif 130 29 http://www.lexisnexis.com/mealeys/news.aspx Copyright 2020 http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-5%20Mealey%27s%20Catastrophic%20Loss%201%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' DENVER - The 10th Circuit U.S. Court of Appeals on Feb. 7 affirmed a lower federal court's ruling in favor of an insurer in a breach of contract and bad faith lawsuit brought by a condominium association insured over hailstorm damage, finding that the insured's violation of the policy's fraud clauses and the resulting voidance of the policy preceded any alleged breach by the insurer (Sunflower Condominium Association, Inc. v. Owners Insurance Company, No. 18-1478, 10th Cir., 2020 U.S. App. LEXIS 3806). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-5%20Mealey%27s%20Catastrophic%20Loss%202%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' MCALLEN, Texas - A federal judge in Texas on Jan. 21 dismissed an insured's breach of contract and bad faith claims against his homeowners insurer in a coverage dispute over wind and hail property damage but allowed the insured's claim under the Texas Prompt Payment of Claims Act (PPCA) to remain (Fred Lopez v. Allstate Texas Lloyds, No. 18-260, S.D. Texas, 2020 U.S. Dist. LEXIS 9390). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-5%20Mealey%27s%20Catastrophic%20Loss%203%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' MIAMI - A Florida appeals panel on Feb. 5 affirmed a lower court's order that required insureds and their homeowners insurer to submit to an appraisal of a Hurricane Irma coverage dispute and dismissed the remainder of the insureds' appeal for lack of jurisdiction (Erick Baptiste, et al. v. People's Trust Insurance Company, No. 3D19-1462, Fla. App., 3rd Dist., 2020 Fla. App. LEXIS 1347). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-5%20Mealey%27s%20Catastrophic%20Loss%204%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' KEY WEST, Fla. - In the third dismissal order against the same Write-Your-Own insurer in the same federal court in four days, U.S. Judge Jose E. Martinez for the Southern District of Florida on Feb. 7 dismissed with prejudice a Hurricane Irma coverage lawsuit after the parties filed a joint stipulation for voluntary dismissal after indicating that a settlement was reached (Augustus and Sheila Purdy v. Wright National Flood Insurance Company, No. 18-10242, S.D. Fla., 2020 U.S. Dist. LEXIS 22913). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-5%20Mealey%27s%20Catastrophic%20Loss%205%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' MIAMI - A federal judge in Florida on Feb. 5 granted an insured's renewed motion for summary judgment on the issue of which statement of values applies in a Hurricane Irma coverage dispute, finding that the insurer's argument that "it actually meant something else or that it could be referring to another document is disingenuous" (Aligned Bayshore Holdings v. Westchester Surplus Lines Insurance Company, No. 18-21692, S.D. Fla., 2020 U.S. Dist. LEXIS 18754). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-5%20Mealey%27s%20Catastrophic%20Loss%206%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN JUAN, Puerto Rico - A liquidator for an insolvent insurer argues in a Feb. 6 omnibus reply brief to reinsurers that a Puerto Rico federal judge should alter a decision sending a $150 million hurricane loss case to arbitration because the dispute over assets owed under reinsurance agreements must begin in the liquidation court (Integrand Assurance Co. v. Everest Reinsurance Co., et al., No. 19-01111, D. Puerto Rico). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-5%20Mealey%27s%20Catastrophic%20Loss%207%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' FORT MYERS, Fla. - A federal judge in Florida on Jan. 15 denied an insured's motion for partial summary judgment in its breach of contract lawsuit arising from Hurricane Irma damage to its luxury tennis academy and boarding school, finding that the insurer's payment obligation under the policy's loss payment provision was not triggered because there is no evidence that the parties reached an agreement as to the amount of the insured's loss (Rigby Enterprises LLC v. Westchester Surplus Lines Insurance Company, No. 19-228, M.D. Fla., 2020 U.S. Dist. LEXIS 6769). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-5%20Mealey%27s%20Catastrophic%20Loss%208%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' FORT MYERS, Fla. - A federal judge in Florida on Jan. 15 held that "it is at least plausible at this point in the litigation" that an insured's request for attorney fees and costs may be paid from federal funds by the Federal Emergency Management Agency, denying a federal flood insurer's request to strike the insured's request for attorney fees and costs under the Equal Access to Justice Act (EAJA) (Martin Shapiro v. Wright National Flood Insurance Company, No.19-679, M.D. Fla., 2020 U.S. Dist. LEXIS 6766). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-5%20Mealey%27s%20Catastrophic%20Loss%209%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CORPUS CHRISTI, Texas - A federal judge in Texas on Feb. 4 granted a Write-Your-Own (WYO) insurer's motion for summary judgment in a breach of contract lawsuit over Hurricane Harvey flood damage, finding that the insureds' proof of loss does not comply with the requirements of their Standard Flood Insurance Policy (SFIP) (Frank Hilton Morgan, Jr., et al. v. Texas Farmers Insurance Company, No. 18-401, S.D. Texas, 2020 U.S. Dist. LEXIS 17495). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-5%20Mealey%27s%20Catastrophic%20Loss%2010%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' GALVESTON, Texas - A federal judge in Texas on Jan. 23 said that "[w]ithout question," insureds' five-month delay in notifying their insurer of their Hurricane Harvey loss does not satisfy their federal flood insurance policy's prompt notice requirement (Hector Ibarra, et al. v. Texas Farmers Insurance Company, No. 18-00358, S.D. Texas). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-5%20Mealey%27s%20Catastrophic%20Loss%2011%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' WEST PALM BEACH, Fla. - A Florida appeals panel on Jan. 29 held that an insured was not entitled to recover attorney fees under a Florida statute because the Florida Insurance Guaranty Association Inc. (FIGA) never denied his claim by affirmative action before he filed a lawsuit (Florida Insurance Guaranty Association v. Adam Rubin, No. 4D18-3147, Fla. App., 4th Dist.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-5%20Mealey%27s%20Catastrophic%20Loss%2012%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ST. CROIX, Virgin Islands- A federal court in the Virgin Islands on Jan. 31 denied a restaurant insured's motion for a status conference to discuss pending motions in its lawsuit over the adjustment of its property damage claim and business interruption losses arising from looting after Hurricane Maria, according to a text entry on the docket (The Doctor and the Professor LLC v. Those Certain Underwriters at Lloyds of London, et al., No. 19-0004, D. Virgin Islands). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-5%20Mealey%27s%20Catastrophic%20Loss%2013%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' BATON ROUGE, La. - A Louisiana federal magistrate judge on Jan. 28 ordered an insurer to turn over reinsurance information he found to be relevant to an insured's bad faith coverage dispute over property damage sustained from Hurricane Maria (Lamar Advertising Co. v. Zurich American Insurance Co., No. 18-1060, M.D. La., 2020 U.S. Dist. LEXIS 13891). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-5%20Mealey%27s%20Catastrophic%20Loss%2014%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CHARLESTON, S.C. - A federal judge in South Carolina on Jan. 31 granted a Write-Your-Own (WYO) insurer's motion to dismiss an insured's bad faith claim and request for consequential and punitive damages and attorney fees in a flood coverage dispute, finding that the bad faith claim is preempted by federal law and the Standard Flood Insurance Policy does not confer a right to allege extracontractual claims against WYO insurers (Allison A. Knapp v. Hartford Insurance Company of the Midwest, et al., No. 19-1969, D. S.C., 2020 U.S. Dist. LEXIS 18291). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-5%20Mealey%27s%20Catastrophic%20Loss%2015%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' JACKSONVILLE, Fla. - Florida insureds filed suit in a federal court on Jan. 27, alleging that their Write-Your-Own insurer committed breach of contract by not paying for certain losses they incurred "as a direct result of a peril" that is covered under their Standard Flood Insurance Policy and seeking attorney fees under the Equal Access to Justice Act (Jason Dean, et al. v. American Strategic Insurance Corp., No. 20-00068, M.D. Fla.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-5%20Mealey%27s%20Catastrophic%20Loss%2016%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' LOS ANGELES - An insured sued its homeowners insurer and its affiliate for breach of contract, bad faith and unfair business practices in a California court on Jan. 17, alleging that they "devised a scheme and plan" that relinquished adjustment of his wildfire claim to "Hired Consultants" who denied or lowballed the claim under the defendants' "directive, consent and approval" (Kambiz Aramnia v. Hartford Casualty Insurance Company, et al., No. 20VECV00077, Calif. Super., Los Angeles Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-5%20Mealey%27s%20Catastrophic%20Loss%2017%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' TAMPA, Fla. - A federal judge in Florida on Jan. 14 granted a Write-Your-Own (WYO) insurer's motion to dismiss an insured's breach of contract lawsuit over Hurricane Michael damage for improper venue and transferred the lawsuit to the U.S. District Court for the Northern District of Florida, Panama City Division (Gulf Coast Vacation Properties, LLC v. Gulfstream Property & Casualty Insurance Company, No. 19-2470, M.D. Fla., 2020 U.S. Dist. LEXIS 5962). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-5%20Mealey%27s%20Catastrophic%20Loss%2018%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' BROOKLYN, N.Y. - A federal flood insurer recently replied to a pro se insured's opposition argument that called its motion to dismiss a Superstorm Sandy coverage dispute "moot," contending that the policies "plainly contradict and refute any right to relief" asserted by the insured (Mohammed Keita v. American Security Insurance Company, et al., No. 17-00879, E.D. N.Y.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-4%20Mealey%27s%20Catastrophic%20Loss%201%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 13 denied an insured's petition for certiorari seeking review of a Fifth Circuit U.S. Court of Appeals' majority ruling that the one-year statute of limitations under the National Flood Insurance Act (NFIA) barred his federal flood insurance claim arising from a May 2015 storm in Houston (Ali Ekhlassi v. National Lloyds Insurance Co., et al., No. 19-312, U.S. Sup.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-4%20Mealey%27s%20Catastrophic%20Loss%202%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' BATON ROUGE, La. - A federal judge in Louisiana on Jan. 10 granted the Federal Emergency Management Agency's motion to dismiss an insured's breach of contract lawsuit arising from flood damage, rejecting the insured's contention that the limited waiver of FEMA's sovereign immunity applied (Matthew Poirrier v. Federal Emergency Management Agency, et al., No. 18-00434, M.D. La., 2020 U.S. Dist. LEXIS 4586). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-4%20Mealey%27s%20Catastrophic%20Loss%203%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Jan. 14 held that a lower federal court did not evaluate its insured's failure to appear in court under Poulis v. State Farm Fire & Casualty Co. before dismissing the insured's claims as a sanction, reversing the lower court's dismissal of claims against a homeowners insurer for the insured's failure to prosecute (Robert Jacobsen, et al. v. Hartford Insurance Company Flood & Home, No. 19-2381, 3rd Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-4%20Mealey%27s%20Catastrophic%20Loss%204%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' MIAMI - A federal magistrate judge in Florida on Jan. 7 held that insureds' breach of contract lawsuit against the Federal Emergency Management Agency over Hurricane Irma damage must be dismissed without prejudice for lack of jurisdiction because the insureds have failed to satisfy their burden of establishing that the "limited waiver" of sovereign immunity applies (Jose Garcia-Pedrosa, et al., Plaintiffs, v. Federal Emergency Management Agency, et al., No. 18-24626, S.D. Fla., 2020 U.S. Dist. LEXIS 3010). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-4%20Mealey%27s%20Catastrophic%20Loss%205%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN JUAN, Puerto Rico - A federal judge in Puerto Rico on Dec. 27 dismissed an insured's third-party complaint against reinsurers regarding allegations of breaches to reinsurance agreements and denied the insured's motion to dismiss an insolvent insurer's main action against the insured (Integrand Assurance Co. v. Puma Energy Caribe, LLC; Puma Energy Caribe, LLC v. Everest Reinsurance Co., et al., No. 19-1195, D. Puerto Rico, 2019 U.S. Dist. LEXIS 221766). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-4%20Mealey%27s%20Catastrophic%20Loss%206%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' KEY WEST, Fla. - A federal judge in Florida on Dec. 6 administratively closed an insured's lawsuit seeking coverage for the replacement of its elevator that was damaged by Hurricane Irma one day after the insured announced that the parties reached a settlement (Chesapeake Motel & Villas, Inc. v. Wright National Flood Insurance Company, No. 18-10161, S.D. Fla., 2019 U.S. Dist. LEXIS 223296). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-4%20Mealey%27s%20Catastrophic%20Loss%207%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CHICAGO - An Illinois appeals panel on Jan. 10 affirmed a lower court's summary judgment ruling in favor of a business owners insurer based on the known loss doctrine because the insured knew that a construction project prompted by building code violations would cause a loss of business income before the inception of its insurance policy and the insured failed to disclose the construction project to the insurer (Dining Heritage, Inc. v. Leading Insurance Group Insurance Company, Ltd., et al., Ill. App., 1st Dist., 5th Div., 2020 Ill. App. Unpub. LEXIS 22). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-4%20Mealey%27s%20Catastrophic%20Loss%208%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' DENVER - The 10th Circuit U.S. Court of Appeals on Jan. 9 held that the "flawed design" of a home's exterior insulation finishing system (EIFS) constitutes "faulty design" and, therefore, there is no coverage for water damage discovered within the EIFS (Mark Mock, et al. v. Allstate Insurance Company, No. 18-1407, 10th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-4%20Mealey%27s%20Catastrophic%20Loss%209%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Jan. 6 affirmed a lower federal court's ruling in favor of an insurer in a lawsuit alleging that it breached the homeowners insurance policy by using the actual cash value and not replacement cost when it assessed the amount owed to the insured for roof damage caused by a windstorm (Murray Richelson v. Liberty Insurance Corp., No. 19-3035, 6th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-4%20Mealey%27s%20Catastrophic%20Loss%2010%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' MONTPELIER, Vt. - Partially reversing a lower court, the Vermont Supreme Court on Dec. 13 held that a contractor insured's rebuilding expenses of a barn structure that collapsed due to strong winds are not covered under an insurance policy (Commercial Construction Endeavors, Inc. v. Ohio Security Insurance Company, No. 19-045, Vt. Sup., 2019 Vt. LEXIS 173). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-4%20Mealey%27s%20Catastrophic%20Loss%2011%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Jan. 3 affirmed a lower federal court's ruling in favor of primary and excess insurers in the insurers' lawsuit disputing coverage for its losses related to four rock falls, rejecting the insured's argument that the dome-outs were caused by "building decay" under the policy (Westchester Surplus Lines Insurance Company, et al. v. Interstate Underground Warehouse & Storage Inc., No. 18-3448, 8th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-4%20Mealey%27s%20Catastrophic%20Loss%2012%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' OAKLAND, Calif. - An operator of vineyards and winemaking operations in California on Jan. 3 sued London insurers for breach of contract and bad faith in a California federal court, alleging that they wrongfully refused to pay for smoke exposure damage to its finished wines caused by the October 2017 wildfires in Sonoma and Napa County, Calif., and seeking $12 million for its loss (Vintage Wine Estates, Inc. v. Royal & Sun Alliance Insurance PLC, et al., No. 20-00101, N.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-4%20Mealey%27s%20Catastrophic%20Loss%2013%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' TACOMA, Wash. - The Convention on the Recognition of Foreign Arbitral Awards is not preempted by Washington law, a federal judge in Washington ruled Dec. 26, compelling arbitration of an insurance coverage dispute against English underwriters over $5.66 million in hurricane damage (CLMS Management Services Limited Partnership, et al. v. AmWins Brokerage of Georgia, LLC, et al., No. 19-05785, W.D. Wash., 2019 U.S. Dist. LEXIS 221122). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-4%20Mealey%27s%20Catastrophic%20Loss%2014%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ATLANTA - The 11th Circuit U.S. Court of Appeals on Dec. 17 held that coverage for storm damage to a 65-foot sailboat in Florida is excluded because the marine insurance policy's navigation limit required the vessel to be north of Cape Hatteras, N.C., during hurricane season, reversing and remanding a lower court's ruling against the insurer (Geico Marine Insurance Co. v. James Shackleford, No. 18-12105, 11th Cir., 2019 U.S. App. LEXIS 37228). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-4%20Mealey%27s%20Catastrophic%20Loss%2015%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' AUSTIN, Texas - An insured recently asked the Texas Supreme Court to reverse a lower court's ruling in favor of its commercial property insurer on its claims for bad faith and under Texas' Prompt Payment of Claims Act (PPCA) arising from wind and hail property damage (Steven Biasatti, et al. v. GuideOne National Insurance Company, et al., No. 18-0911, Texas Sup.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-4%20Mealey%27s%20Catastrophic%20Loss%2016%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A Georgia couple and a company that own homes in Florida filed a class action in federal court in California on Dec. 2 against the maker of hurricane straps that were attached to their homes, alleging that the straps are defective because they prematurely corrode and do not protect homes against damages caused by hurricane-force winds (Cary W. Cooper, et al. v. Simpson Strong-Tie Co. Inc., et al., No. 19-cv-7901, N.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-3%20Mealey%27s%20Catastrophic%20Loss%201%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A New York appeals court on Dec. 5 unanimously reversed a lower court's dismissal of an insured's bad faith counterclaim in its insurers' lawsuit seeking a declaration that the insured's business interruption loss arising from a fire that destroyed its manufacturing plant is limited to $15.1 million (Certain Underwriters at Lloyd's, et al. v Bioenergy Development Group LLC, et al., No. 10505 655792/17, N.Y. Sup., App., Div. 1st Dept.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-3%20Mealey%27s%20Catastrophic%20Loss%202%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' HOUSTON - A Texas appeals panel on Nov. 26 reversed the portion of a lower court's judgment awarding treble damages for an insurer's "knowing violations of the Texas Insurance Code" and interest related to the award in a lawsuit arising from Hurricane Rita damage to the insured's wells and pipelines, further reversing the part of the judgment that awarded Texas Insurance Code Prompt Payment damages on a December 2007 partial payment made by the insurer and related prejudgment interest (Certain Underwriters at Lloyd's, London, et al. v. Prime Natural Resources, Inc., No. 01-17-00881, Texas App., 1st Dist., 2019 Tex. App. LEXIS 10275). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-3%20Mealey%27s%20Catastrophic%20Loss%203%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' JACKSONVILLE, Fla. - An insurer on Dec. 10 asked a federal court in Florida to dismiss its insureds' amended breach of contract complaint arising from Hurricane Irma damage to their St. Augustine, Fla., residential property, arguing that the express language of the lender-placed insurance policy unambiguously bars the plaintiffs from bringing the breach of contract claim as either named insureds or intended third-party beneficiaries to the policy (Jeffrey G. Meyer, et al. v. Integon National Insurance Company, No. 19-1397, M.D. Fla.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-3%20Mealey%27s%20Catastrophic%20Loss%204%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' MIAMI - An insured and a federal flood insurer on Dec. 3 filed a joint stipulation of voluntary dismissal with prejudice of a Hurricane Irma coverage dispute in a federal court in Florida after the parties filed a notice last month that a settlement has been reached (Guy Attia v. Wright National Flood Insurance Company, No. 18-24065, S.D. Fla.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-3%20Mealey%27s%20Catastrophic%20Loss%205%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' FORT LAUDERDALE, Fla. - A federal judge in Florida on Nov. 19 denied an insured's motion to compel appraisal of its property damage caused by Hurricane Irma, finding that the insured waived its right to compel appraisal by acting in a manner that is "inconsistent with its appraisal rights" (Tamiami Condominium Warehouse Plaza Association, Inc. v. Markel American Insurance Company, No. 19-21289, S.D. Fla., 2019 U.S. Dist. LEXIS 200255). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-3%20Mealey%27s%20Catastrophic%20Loss%206%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' MIAMI - A Florida federal judge on Nov. 14 affirmed and adopted a magistrate's denial of an insurer's motion to amend its answer in a Hurricane Irma coverage suit, finding that the insured's failure to refer back to its answer during the litigation and discover the error demonstrates a lack of diligence (Aligned Bayshore Holdings v. Westchester Surplus Lines Insurance Company, No. 18-21692, S.D. Fla., 2019 U.S. Dist. LEXIS 197164). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-3%20Mealey%27s%20Catastrophic%20Loss%207%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' TRENTON, N.J. - A New Jersey appeals court panel on Nov. 18 affirmed a lower court's ruling that a $100 million flood sublimit does not apply to an insured's water damages that were caused by Superstorm Sandy and, therefore, the insured is entitled to coverage up to the full $400 million policy limits (New Jersey Transit Corp. v. Certain Underwriters at Lloyd's London, et al., Nos. A-1026-17T1 and A-1027-17T1, N.J. Super., App. Div., 2019 N.J. Super. LEXIS 163). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-3%20Mealey%27s%20Catastrophic%20Loss%208%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' OKLAHOMA CITY - An Oklahoma federal judge on Dec. 10 allowed an expert to testify in an insurance coverage dispute about what caused damage to a roof, finding the expert's reasoning and methods "sufficient" under Daubert v. Merrell Dow Pharmaceuticals Inc. (Employers Mutual Casualty Company v. SportChassis Holdings, Inc., No. 5:18-cv-766, W.D. Okla., 2019 U.S. Dist. LEXIS 212589). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-3%20Mealey%27s%20Catastrophic%20Loss%209%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' OKLAHOMA CITY - An Oklahoma federal judge on Nov. 18 denied an insured's motion to remand a breach of contract and bad faith suit after determining that complete diversity exists because the insured's claims against the nondiverse defendant cannot be maintained (Srikant Jonnada v. Liberty Insurance Corp., et al., No. 19-456, W.D. Okla., 2019 U.S. Dist. LEXIS 199645). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-3%20Mealey%27s%20Catastrophic%20Loss%2010%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' LAS VEGAS - A homeowners insurer did not breach its contract or act in bad faith in handling an insured's claim for roof damage and water and mold damages because the insurer promptly investigated the claim and timely paid the insured for the repairs to the home, a Nevada federal judge said Nov. 25 (Patricia Lombardo v. Property & Casualty Insurance Company of Hartford, No. 17-2242, D. Nev., 2019 U.S. Dist. LEXIS 205352). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-3%20Mealey%27s%20Catastrophic%20Loss%2011%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' MIAMI - A Florida appeals panel on Nov. 13 vacated and remanded a lower court's finding that an insured perpetrated a fraud on the court by providing materially false information in her affidavit in a water damage coverage dispute, noting that this is a "teaching point and a caution that a client's personal knowledge, however imperfect, is not to be gilded, excessively bolstered, or embellished by her counsel in the hope of improving a case" (Irma Perez v. Safepoint Insurance Company, No. 3D18-1588, Fla., App., 3rd Dist., 2019 Fla. App. LEXIS 17010). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-3%20Mealey%27s%20Catastrophic%20Loss%2012%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' BOSTON - The First Circuit U.S. Court of Appeals on Nov. 19 affirmed a lower federal court's ruling in favor of an insurer in a property damage coverage dispute, noting that liability under Massachusetts Chapter 176D is "not imposed for mere negligence" and the insureds "simply failed to produce evidence in support of its assertions" (River Farm Realty Trust, et al. v. Farm Family Casualty Insurance Company, No. 19-1188, 1st Cir., 2019 U.S. App. LEXIS 34360). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-3%20Mealey%27s%20Catastrophic%20Loss%2013%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' PORTLAND, Ore. - The Ninth Circuit U.S. Court of Appeals on Nov. 18 affirmed a lower federal court's finding that a hotel insured's failure to file a signed and sworn proof of loss defeats its claim for flood damage (Surfsand Resort LLC v. Nationwide Mutual Fire Insurance Co., et al., No. 18-35607, 9th Cir., 2019 U.S. App. LEXIS 34258). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-3%20Mealey%27s%20Catastrophic%20Loss%2014%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' LOS ANGELES - A law firm representing 23 public entities on Nov. 13 issued a press release announcing that a $360 million settlement in principle has been reached with Southern California Edison for taxpayer losses arising from the 2017 Thomas and Koenigstein Fires and 2018's Montecito Debris Flows and Woolsey Fire. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-3%20Mealey%27s%20Catastrophic%20Loss%2015%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' PORTLAND, Ore. - The Ninth Circuit U.S. Court of Appeals on Nov. 13 affirmed a lower federal court's ruling in favor of insurers in a coverage dispute over an underlying $3.5 million arbitration award arising from property damage that occurred on 11,000 acres of forest lands (Campbell Global LLC, et al. v. American States Insurance Company, et al., No. 18-35337, 9th Cir., 2019 U.S. App. LEXIS 33852). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=15-3%20Mealey%27s%20Catastrophic%20Loss%2016%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' AUSTIN, Texas - A school district tells the Texas Supreme Court in an Oct. 30 merits brief that an appeals court majority erred when vacating a trial court judge's rulings awarding summary judgment to it regarding causation and property damage based on an appraisal of wind damage caused by Hurricane Ike, arguing that its insurer did not challenge the findings of the appraisal before trial and that the appraisal specifically said the damages were the result of wind from the hurricane (Dickinson Independent School District v. Texas Windstorm Insurance Association, No. 18-1092, Texas Sup.).