CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - SATURDAY, MARCH 22, 2025

Insurer's Motion to Compel Inspection Denied

Inspection construction worker

Plaintiff suffered damage to her property due to Hurricane Ida.

March 11, 2025
Tred R. Eyerly - Insurance Law Hawaii

The court denied the insurer's motion to compel an inspection of the insured's residential rental property and the insurer's request for attorney fees. Bradley v. Evanston Ins. Co., 2025 U.S. Dist. LEXIS 14522 (E.D. La. Jan. 27, 2025).

Plaintiff suffered damage to her property due to Hurricane Ida. Evanston insured the property. Plaintiff submitted a claim for loss sustained in the storm. Evanston sent a claims adjuster to inspect the property. Plaintiff alleged that Evanston failed to pay sufficient funds for her loss.

Plaintiff filed suit raising claims of breach of contract and bad faith. Evanston filed a Motion to Compel plaintiff to allow the insurer's engineer, Kevin Vanderbrook, P.E., to inspect the property. Evanston contended plaintiff had retained her own engineer and public adjuster but denied Evanston's request to allow Vanderbrook to inspect the property to evaluate plaintiff's experts' opinions. Plaintiff argued that Evanston should be prohibited from inspecting the property so late in the litigation, especially considering that Evanston failed to follow through on any of its multiple attempts to schedule Vanderbrook's inspection before plaintiff filed suit.

Mr. Eyerly may be contacted at te@hawaiilawyer.com


Use the form below to search the CDJ Archives: Search by topic, name, keywords, etc...