News Brief

Kemper Secures Dismissal of All Claims in Coverage/Bad Faith Claim

November 15, 2022

Douglas Kemper (Of Counsel-Louisville, KY) prevailed on summary judgment and the court dismissed all claims against our client, a major insurer, in a coverage/ bad faith case in Rutherford, Tennessee, Circuit Court. The plaintiff reported a claim related to water damage on the ceiling and walls of her home, and our client adjusted and paid the claim. However, the insured was not satisfied with the adjustment of the claim, and upon removing part of her siding discovered extensive rot damage to the subfloor and roof trusses of the house. Our client paid an additional amount pursuant to the applicable Endorsement. The plaintiff took the position that the limited rot coverage provided by the Endorsement was inapplicable and that she was entitled to full payment based on an estimate she obtained, which did not seek to differentiate between water damage and rot damage. She filed suit against our client alleging breach of contract and insurance bad faith, and Doug’s motion for summary judgment prevailed.

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