Published: March 1, 2018

Plaintiff Charles A. Shadid, L.L.C. had a commercial insurance policy with Defendant Aspen Specialty Insurance Company insuring multiple commercial properties.  Shadid alleges that in May of 2013, a tornado damaged several of its properties.  Shadid sought coverage for the damage from Aspen.  Aspen assigned Shadid’s claim to Associated Claims Management, Inc.

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Published: January 11, 2018

After a 2011 tornado damaged two buildings on its premises in Iowa, B&F Jacobson Lumber & Hardware, L.L.P. (“B&F”) submitted a property damage claim to its insurer, Acuity, A Mutual Insurance Company (“Acuity”). In response to the claim, Acuity issued a check for over $60,000, an amount initially thought to be equal to the value of B&F’s buildings.

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Published: September 11, 2017

455 Companies, LLC alleges that Landmark American Insurance Company breached their property insurance contract by denying a claim resulting from water damage to 455 Companies’ property.  Landmark moved for partial summary judgment on multiple grounds, including on 455 Companies’ allegations of bad faith, arguing that these allegations fail to state a claim under Michigan law.  The court noted that Michigan courts have declined to recognize bad faith breach of an insurance contract as a separate tort independent of the contract claim, and that Michigan law does not allow punitive o

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Published: March 10, 2016

United States District Court for the Southern District of Texas rules that insurer’s compliance with appraisal provision of insurance policy defeats breach of contract claim and, absent a breach of contract, bad faith claims do not survive.

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