The Texas Supreme Court granted mandamus, agreeing that the trial court abused its discretion in denying the insurers’ motion to compel appraisal because of existing coverage issues. In re ACE American Ins. Co., 2026 Tex. LEXIS 411 (Tex. May 8,
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Latest from Damon Key Leong Kupchak Hastert - Page 3
Suit Limitation Provision Eliminates Wind Loss Claim
The insurer’s motion for judgment on the pleadings was granted after the insured failed to file suit against the insurer within the policy’s two-year suit limitation provision. Interstate Investments, LLC v. Mt. Hawley Ins Co., 2026 U.S. Dist. LEXIS 98108…
Colorado Court Addresses Cooperation Clause and Exhaustion of Auto Policies
The Colorado Supreme Court encountered issues regarding the insured’s duty to cooperate and the exhaustion requirements in auto policies. USAA v. Wenzell, 2026 Colo. LEXIS 283 (Colo. April 27, 2026).
In 2017, Anthony Wenzell was rear-ended while driving. He had…
Insurers Must Share Defense for Claims Arising from Tractor-Trailer Accident
The Tenth Circuit Court of Appeals affirmed the district court’s finding that Cincinnati Insurance Company must share defense costs for the additional insured with Liberty Mutual Insurance Company. Wolpert v. Cincinnati Ins. Co., 2026 U. S. App. LEXIS 11581 (10th…
Insurer’s Attempt to Eliminate Leak Claim on Summary Judgment Fails
The federal district court denied the insurer’s motion for summary judgment on the insured’s claim for damage caused by a water leak, but granted the insurer’s motion on the bad faith claim. Hampartsoumian v. State Farm General Ins. Co., 2026…
Insurer Cannot Dispose of Water Leak or Bad Faith Claims on Motion for Summary Judgment
The insurer’s motion for summary judgment seeking to eliminate the insured’s claims for damage from a water leak, bad faith and punitive damages failed. Nargizyan v, State Farm General Ins. Co., 2026 Cal App. LEXIS 302 (Cal. Ct. App. April…
Insured’s Bad Faith Claim Survives Summary Judgment
The insurer’s motion for partial summary judgment to dispose of the insured’s bad faith claim was unsuccessful. Page v. State Farm Lloyds, 2026 U.S. Dist. LEXIS 102293 (E.D. Texas March 18, 2026).
Plaintiff insured alleged that hail and a windstorm…
Insurers Dispute Over Application of Total Pollution Exclusion
The court denied cross motions for summary judgment after analyzing the application of a total pollution exclusion. Nat’l Am. Ins. Co. v. Certain Underwriters at Lloyd’s London, 2026 U.S. Dist. LEXIS 98232 (W.D. Texas March 16, 2026).
Skye Blue Services,…
Insured General Contractor Prevails on Motion for Summary Judgment to Establish Builder’s Risk Coverage
The general contractor’s motion for partial summary judgment successfully established that damage to footings in place before the policy period was covered after the collapse of a building. Big D Builders, Inc. v. Am Zurich Ins. Co., 2026 U.S. Dist.…
Late Notice Bars Insured’s Claim for Wind Damage
The court found that a six-month delay in reporting damage from wind did not comply with the policy’s notice requirements. Touchmark Hotel Group, LLC v. Mt. Hawley Ins. Co., 2026 U.S. Dist. LEXIS 61910 (S.D. N. Y. March 24, 2026).…