CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - MONDAY, OCTOBER 13, 2025

Insurer Disposes of Bad Faith Claim on Summary Judgment

Roof damage

The insureds claimed their home was damaged in a wind and hail storm.

October 13, 2025
Tred R. Eyerly - Insurance Law Hawaii

The magistrate judge recommended that the insurer's motion for summary judgment regarding the insured's bad faith claims be granted. Thornton v. HJB State Farm Lloyds, 2025 U.S. Dist. LEXIS 151342 (W.D. Texas Aug. 5, 2025).

The insureds claimed their home was damaged in a wind and hail storm. A claim was submitted and State Farm inspected a couple of days later. The inspection report indicated neither wind nor hail damage to the roof's shingles, but instead noted wear and tear and general deterioration. The report did note "small dents'" on a single vent which was consistent with hail damage. State Farm did not inspect the interior the insureds' home. The insureds verbally described water damage in the kitchen and master bedroom.

State Farm denied the claim. The only covered losses were the dents to the single roof vent and the water damage to the kitchen and bedroom State Farm estimated the replacement cost value (RCV) for these losses was $2,541.81, less that the insureds' deductible. State Farm further stated that the remaining damage resulted from rot and deterioration, neither of which were covered losses under the policy.

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


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