In the case Biasatti v. GuideOne National Ins. Co., No. 07-17-00044-CV (Tex. Ct.App. Aug. 16, 2018), Steven Biasatti and Paul Gross, d/b/a TopDog Properties, brought suit against its insurance company, GuideOne National Insurance Company for breach of contract.
Continue Reading Timely Paying Appraisal Award Exempted Insurer from Breach of Contract and Bad Faith Claim

A case recently came in front of the court regarding a claim for damage caused by Hurricane Irma. The case is Rodriguez v. Wright National Flood Ins. Co., No. 4:18-cv-10077 (S.D. Fla. Aug. 14, 2018). In Rodriguez, the defendant, Wright National Flood Insurance Company, a write-your-own insurance carrier that is part of the government’s National Flood Insurance Program (“NFIP”), insured plaintiff’s property in Key West, Florida, under a Standard Flood Insurance Policy (“SFIP”).
Continue Reading Hurricane Irma Flood Case Dismissed in State Court

Attorneys’ fees are often sought by insureds in the course of litigation for insurance claims. However, they are not guaranteed and are not always granted. In a recent ruling in Brown v. Wright National Flood Insurance Company,1 the court dismissed the insured’s claim for attorneys’ fees.
Continue Reading Federal Law Preempts State Law Claim for Attorneys’ Fees in Recent Hurricane Irma Case

In March, I posted a blog on the Hicks v. American Integrity Insurance Company opinion,1 in which a Florida court ruled that policy language stating: “we do not insure…for loss…caused by…constant or repeated seepage or leakage of water…over a period of 14 or more days,” did not preclude coverage for damage caused during the first 13 days of a water leak.
Continue Reading Follow-Up: My Insurance Claim Was Denied Because My Water Leak Lasted Over a Period of 14 Days or More – Was the Denial Proper?

The current volcanic activity in Hawaii is sure to have many homeowners wondering if they are covered by their homeowner insurance policy in the event of a volcanic eruption. Like hurricanes and tornados, volcanos are a peril that certain areas are subjected to. Volcanic eruptions are powerful, destructive, and often unpredictable. Although there is little that can be done to protect property from damage if a volcanic eruption occurs, homeowners can prepare themselves for the aftermath by maintaining property insurance.
Continue Reading Are Volcanic Eruptions Covered by My Homeowners Insurance Policy?

Hurricane season has begun early this year, with the first named storm of the season, Alberto, making its appearance just days before the official season start date, which is June 1st. Tropical Storm Alberto is headed for the Gulf Coast and is expected to bring tropical storm conditions, including flooding rains, coastal storm surges, and high winds over the holiday weekend. Alberto is expected to strengthen within the next 72 hours, and may intensify to hurricane strength. Alberto’s winds have the capability of producing tornados. Additionally, the risk of flooding is heightened due to the heavy rain that has occurred over the past couple weeks.
Continue Reading The First Named Storm of the Season Has Formed – What Do I Need to Know?

An interesting ruling just took place in Georgia in the case, Southern Trust Insurance Company v. Cravey.1 In Southern Trust, the issue arose whether an insured was a third-party beneficiary under a homeowners insurance policy he did not obtain on his own behalf, know of, or make any payments toward.
Continue Reading Insured Had No Knowledge of Homeowner Policy; He Was Covered Anyway