CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - THURSDAY, NOVEMBER 13, 2025

Allegations in Insured’s Complaint Sufficient to Survive Motion to Dismiss

Hail on roof

A hailstorm damaged the insureds’ property, including the roof. The insureds filed a claim (Claim One) with American Family.

November 9, 2025
Tred R. Eyerly - Insurance Law Hawaii

The insured’s complaint sufficiently pled breach of contract and bad faith to survive the insurer’s motion to dismiss. Macias v. Am. Family Ins. Co., 2025 U.S. Dist. LEXIS 148628 (D. Colo. Aug. 1, 2025).

A hailstorm damaged the insureds’ property, including the roof. The insureds filed a claim (Claim One) with American Family. An adjuster assigned by American Family found storm-related damage to the gutters, window screens and lattice work, but only non-storm-related damage to other items, such as the roof. American Family determined the losses amounted to $1,104.97, which was below the deductible.

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


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