CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - THURSDAY, FEBRUARY 26, 2026

Appraisal Award Upheld Despite Insurer’s Contention that Causation was Considered

Wind storm roof damage of commercial building

A windstorm struck and damaged the building owned and insured by Nashville Communications (NashComm).

February 23, 2026
Tred R. Eyerly - Insurance Law Hawaii

The federal district court in Tennessee granted the insured’s motion for summary judgment finding the appraisal award was properly determined despite the insurer’s argument that the appraisal panel considered causation of the loss. Nashville Communications, Inc. v. Auto-Owners (Mutual) Ins. Co., 2025 U.S. Dist. LEXIS 223455 (M.D. Tenn. Nov. 13, 2025)

A windstorm struck and damaged the building owned and insured by Nashville Communications (NashComm). A claim was submitted to the insurer, Auto-Owners, for damage to the roof and interior water leakage. Auto-Owners acknowledged that there was some amount of wind damage to the building from the wind event.

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


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