Tag: Hail
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Roofing Expert Was Allowed to Opine on the Repairs
Plaintiffs 4612 S. 88th Street, LLC (“4612”), and OO7, LLC (“OO7”) filed their claims alleged in this matter against Tri-State to obtain the replacement cost insurance benefits provided under Tri-State Policy No. ADV 3188538-21 for direct physical damage sustained to the insured premises at 4612 South 88th Street, Omaha, Nebraska (the “4612 Building”) and 8811…
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Materials Science Expert’s Supplemental Report Excluded Despite a Compelling Explanation for the Tardiness
This is an insurance coverage dispute. Defendant Church Mutual Insurance Company (“Church Mutual”) insured Plaintiffs’ property. Hail damaged the property’s roof. The parties dispute whether the damage falls within Plaintiffs’ insurance policy, which precludes coverage for cosmetic damage. Plaintiffs sought to exclude the expert testimony of Christine Conner, Mark Kubena, and Ronald Dutton on the…
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Insurance Adjuster Expert Witness Properly Justified the Inclusion of OSHA Compliance Costs
The present case involves an insurance coverage dispute between an East Texas church, Plaintiff Christian Heritage School c/o Youth With a Mission, and its insurance company, Central Mutual Insurance Company. Between May 1, 2020, to May 1, 2022, Defendant insured Plaintiff’s property, which consisted of a twenty-one building campus in Tyler, Texas. The dispute arises…
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Structural Engineering Expert Witness’ Testimony on the Age and Cause of the Damage to the Roof Admitted
This is a removed action by Plaintiff Wings Platinum LLC , an insured, against its insurer, Defendant Westchester Surplus Lines Insurance Company, arising from the denial of Wings’ claim for coverage following a wind and hail storm. Wings asserted claims for breach of contract; unfair settlement practices, and breach of the duty of good faith and…
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Real Estate Development Expert Witness Violates Rule 26 by Offering an Opinion on the Causation Issue
H5R owns a single-family home (the “Property”) in Dallas, Texas, for which Scottsdale Insurance issued an insurance policy covering certain causes of loss. In February 2021, water allegedly entered the Property through or near the roof. H5R “immediately notified” Scottsdale Insurance and filed a claim for this incident. More than one year after the claim…
