The court denied the insurer's Motion for Summary Judgment seeking to dismiss the insured's breach of contract claim. The court also denied the insurer's Daubert motion to exclude the insured's expert witness. Ram Krishana Inc. v. Mt. Hawley Ins Co., 2025 U.S. Dist. LEXIS 18912 (S.D N.Y Feb. 3, 2025).

The insured owned property in Louisiana operated as a Motel 6 (Hotel Property). A restaurant was located at an adjoining address (Restaurant Property) owned by ANK Holdings, LLC, with two members: the same Mukesh and Kailash Zveri who owned the Hotel Property. Mt. Hawley issued a policy covering the Hotel Property and the Restaurant Property.

On August 27, 2020, the insured notified Mt. Hawley of a claim for damage to the Properties caused by Hurricane Laura. Mt. Hawley retained Engle Martin to inspect the Properties. Engle Martin spoke with Roger Newman, one of the insured's public adjusters, who informed Engle Martin that he "estimated the necessary repairs will exceed $2,000,000 Engle Martin submitted reports to Mt. Hawley, which included Mr. Newman's loss estimate. Mt. Hawley also hired JS Held, a building consultant, to help with the adjustment of the claim. During this time, the Properties were further damaged by Hurricane Delta.