The court granted the insurer’s motion for partial summary judgment because the insured failed to present evidence that the insurer failed to conduct a reasonable investigation. PSY Burger, LLC v. State Farm General Insurance Company, 2026 U.S. Dist. LEXIS 66991(C.D.
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Latest from Damon Key Leong Kupchak Hastert - Page 5
Bad Faith Claim Survives Summary Judgment
The court denied the insurer’s motion for partial summary judgment on the insured’s bad faith claim, but granted the motion on the insured’s claim for punitive damages. Serbian Orthodox Church v. Brotherhood Mut. Ins. Co., 2026 U.S. Dist. LEXIS 58234…
Insurer Cannot Raise Issues on Appeal that Were Not Presented to the Trial Court
The Florida Court of Appeals affirmed a judgment on a collapse claim for the insured, rejecting the insurer’s arguments that were not presented to the trial court. Homeowner’s Choice Prop. & Cas. Ins, Co. v. Oakes, 2026 Fl. App. LEXIS…
Insurer Prevails on Motion to Dismiss, Asserting Suit Limitation Provision
The insured’s lawsuit was dismissed because it was filed long after the time frame provided by the policy’s suit limitation provision. The Eichholz Law Firm P.C. v. State Farm Mut. Auto. Ins. Co., No. 1:24-cv-03403-TRJ (N.D. Ga., March 12, 2026).…
Insureds’ Altering Dates for Hailstorm Damage Justifies Denial of Claim
The Firth Circuit affirmed the district court’s grant of summary judgment to the insurer due to the insureds’ failure to establish the date of loss after a hailstorm. Cutchall v. Chubb Lloyds Ins. Co. of Texas, 2026 WL 625633 (5th…
Insured Sued for Facilitating Sex Trafficking of Minors at its Hotel Entitled to a Defense
The federal district court granted summary judgment requiring the insurer to defend the insured hotel in a suit involving sex trafficking of a minor. Am. Fam. Mut. Ins. Co. v. Windham Motels & Resorts, Inc., 2026 U.S. Dist. LEXIS 66641…
Insurer Granted Summary Judgment on Claim for Roof Damage Caused by Windstorm
The insurer successfully moved for summary judgment, eliminating the insured’s claim for roof damage due to windstorm. Mulas v. Westchester Surplus Lines Ins. Co., 2026 U.S. Dist. LEXIS 20537 (Jan. 30, 2026).
The insureds’ commercial property sustained windstorm damage during…
Insurer Must Contribute to Defense Funded by Second Insurer
The Ninth Circuit reversed the district court’s grant of summary judgment to an insurer who failed to contribute the defense of a co-insured. Liberty Northwest Ins, Corp. v. Atlantic Spec. Ins, Co., No, 24-7353_ (9th Cir. Feb. 20, 2026).
TriQuint…
Fraud Allegations Stymie Additional Insured’s Request for a Defense
The Federal District Court granted the insurer’s motion to dismiss the insured’s complaint seeking a defense of the underlying case alleging fraud. Renovation Realty, Inc. v. Colony Ins. Co., 2026 U.S. Dist. LEXIS 21409 (S.D. Cal. Jan. 30, 2026).
Mara…
Insurer Entitled to Equitable Contribution from Other Insurer
The federal district court found that the insurer paying the full settlement amount of the underlying case was entitled to equitable contribution from another insurer. Allstate Indem. Co. v. Fed. Ins. Co., 2026 U.S. Dist. LEXIS 33700 (S.D. Texas, Feb.…