News & Analysis as of

Breach of Contract › Property Damage › Homeowner's Insurance

Marshall Dennehey

Fifth District Court of Appeal Rules Insurance Benefit Assignment to Roofing Contractor Invalid Under Florida Statute § 627.7152.

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Holding Insurance Companies Accountable, LLC v. Leonard Caruso v. American Integrity Insurance Company of Florida, Fla. 5th DCA, No. 5D2023-2810, January 3, 2025 - The homeowner reported roof damage to his homeowners...more

Marshall Dennehey

Fifth District Court of Appeal Found It Was Error to Apply §627.70152 Retroactively to the Policy in This Case and Reversed the...

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The insureds filed a breach of contract lawsuit against their homeowner insurance carrier in April 2022 for damage that occurred at their property in November 2020. Nine months prior to the insureds’ filing their lawsuit,...more

Carlton Fields

Florida Court Determines Insurer Did Not Waive Right to Appraisal in Hurricane Irma Claim Brought by Homeowners

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Various homeowner’s insurance policies contain an appraisal clause that a carrier or insured may invoke in situations where there is a dispute in damages between the parties. ...more

White and Williams LLP

No Such Thing as “Institutional Bad Faith,” Pennsylvania Superior Court Concludes

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“[T]here is no separate cause of action of institutional bad faith,” the Pennsylvania Superior Court recently concluded, referencing Pennsylvania’s bad-faith statute, 42 Pa.C.S. § 8731, in an action by two homeowners against...more

Carlton Fields

The Three “Musts” for a Competent Affidavit or Declaration

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Florida’s Second District Court of Appeal recently issued a decision that serves as a reminder not to take for granted a proposition that most practicing attorneys regularly encounter: a motion for summary judgment must be...more

Bradley Arant Boult Cummings LLP

Texas Supreme Court Issues Highly Anticipated Bad Faith Opinion

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One year after its initial decision in a significant bad faith case, the Texas Supreme Court has issued its much-awaited opinion in USAA Tex. Lloyds Co. v. Menchaca. The case involved a homeowner whose post-Hurricane Ike...more

Robinson+Cole Property Insurance Coverage...

Freezing Exclusion: Third Circuit Affirms District Court’s Grant Of Summary Judgment To Insurer

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Many typical homeowner’s insurance policies contain an exclusion for damages as a result of freezing unless the homeowner uses “reasonable care” to maintain heat in the home....more

Jaburg Wilk

Arizona Allows Insured to Avoid Removal by Naming Adjuster as Defendant

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In Chukly v. American Family Mut. Ins. Co., 2017 WL 3262541 (D.Ariz. Aug. 1, 2017) (Order), a breach of contract and insurance bad faith case arising from a homeowners claim after a microburst and “massive rain,” the Arizona...more

Carlton Fields

Texas Supreme Court Clarifies When Insured May Recover Policy Benefits

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In an effort to clarify over 20 years of conflicting precedent, the Texas Supreme Court announced five rules that, according to the court, explain the relationship between claims for breach of insurance policy and...more

Haight Brown & Bonesteel LLP

Court Holds That Trimming of Neighbor’s Trees is Not an Insured Accident or Occurrence

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In Albert v. Mid-Century Insurance Co. (No. B257792, filed 4/28/15, ord. pub. 5/20/15), a California Court of Appeal held that an insured’s trimming of a neighbor’s trees which allegedly damaged the trees was not an accident...more

Saul Ewing Arnstein & Lehr LLP

Southern District of California Denies Motion to Dismiss Bad Faith Claim in Homeowners Policy Dispute

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Eastman v. Allstate Ins. Co., No. 14cv0703, 2014 WL 5355036 (S.D. Cal. Oct. 20, 2014) - Southern District of California denies motion to dismiss bad faith claim in connection with coverage dispute under homeowners...more

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