The federal district court granted the insurer's motion for summary judgment because the insureds failed to meet their burden of establishing the claim was covered by the policy. Cutchall v. Chubb Lloyd's Ins. Co. of Tex., 2024 U.S. Dist. LEXIS 234546 (S. D. Texas Dec. 31, 2024).

In September 2021, the insureds submitted a claim to Chubb for water damage. Chubb sent investigators who concluded that the moisture in the house was due to deterioration or deficiencies in the way the house was built, not storm damage. The insureds hired a public adjuster who determined that the damage to the house was caused by storm, wind, and hail. Chubb again inspected and again found that the roof damage was unrelated to wind or hail from any storm event.