Claims Journal A North Carolina insurance agency cannot escape a lawsuit brought by a homeowner who was denied coverage after a hurricane because key elements of the property were not mentioned in the coverage application. In a case that began almost a decade ago and is likely to continue for another few years, the state… Continue reading Homeowner’s Failure to Read Doesn’t Clear Agency of Negligence Claim
Category: Insurance
Homeowners Suing USAA and AAA Insurers Over LA Wildfires
Insurance Journal Some homeowners who lost their homes in the Los Angeles wildfires have filed lawsuits against three large insurers over claims payouts they say didn’t cover their losses. The lawsuits were filed in Los Angeles County Superior Court this week. They say USAA and two AAA affiliated insurers underestimated the replacement cost of their… Continue reading Homeowners Suing USAA and AAA Insurers Over LA Wildfires
Permit? So What! — Illinois Supreme Court Poised to Test the Limits of Pollution Exclusions
Derrick Earl Anderson and Robert Wallan | Policyholder Pulse Blog The Illinois Supreme Court has teed up a significant insurance question: Does a standard pollution exclusion bar coverage when the alleged “pollution” was not considered to be pollution when the policy issued—where the substance was lawfully emitted under an environmental permit? The court accepted a certified question… Continue reading Permit? So What! — Illinois Supreme Court Poised to Test the Limits of Pollution Exclusions
Holding an Insured to its Duties and Burdens
Shannon O’Malley | Zelle Once in a while, there is an insurance case that addresses numerous “common” issues and reaffirms the parties’ respective duties in supporting and adjusting claims, promptly making repairs, and mitigating loss. The recent Fifth Circuit opinion in Matter of New York Inn, Inc., No. 24-10338, 2025 WL 999084, at *1 (5th Cir.… Continue reading Holding an Insured to its Duties and Burdens
Insured’s Challenge to Use of Xactimate Software to Determine Repair Costs for Damage Fails
Tred R. Eyerly | Insurance Law Hawaii The insurer’s motion for summary judgment to dismiss the insured’s complaint challenging the use of Xactimate to determine the repair costs for fire damage was granted. Belotti v. State Farm Fire & Cas. Co., 2025 U.S. Dist. LEXIS 54471 (M.D. Pa. March 25, 2025). Plaintiffs’… Continue reading Insured’s Challenge to Use of Xactimate Software to Determine Repair Costs for Damage Fails