Providing Temporary Housing to an Insured Who Incurred a Loss is Not Unlimited
Post 5081
Read the full article at https://lnkd.in/gu4QHBfh, see the full video at https://lnkd.in/gKXwaPhQ and at https://lnkd.in/g7EzsBB8, and at https://zalma.com/blog plus more than 5050 posts.
Insured as Lessee is Obligated to Pay Rent
Millar sued Anakka Hartwell, Liberty Insurance Corporation, and Temporary Housing, Inc. (THI) were sued after Hartwell, a policyholder of Liberty, failed to pay rent for a property Millar leased to her through THI. The court granted summary judgment in favor of THI and Liberty, dismissing Millar’s claims, and Millar appealed the decision .
In Joel Millar v. Anakka Hartwell, a Washington resident, Liberty Insurance Corporation, a foreign insurance corporation; and Temporary Housing, Inc. d/b/a CRS Temporary Housing, a foreign entity, No. 85876-9-I, the Court of Appeals of Washington, Division 1 (May 19, 2025) resolved the dispute.
Case Overview
Incident and Claim:
In September 2018, Hartwell reported a water leak in her home and sought Additional Living Expense (ALE) coverage from Liberty for temporary housing. THI was appointed to assist Hartwell in finding temporary accommodation and placed Hartwell at a residence.
Temporary Housing Arrangement:
Liberty Insurance provides home insurance policies that include coverage for temporary housing after a covered loss. THI secured housing for Hartwell in a property owned by Millar, formalized through a Temporary Housing Confirmation. The lease was set from April 1, 2019, to June 30, 2019, with options for extensions.
After the initial lease term, THI requested extensions, and Millar agreed. However, after confirming with Liberty that no further extensions would be granted, THI notified Millar that Hartwell was to vacate by November 8, 2019. Despite this, Hartwell remained in the property until December 2022, making some but not all rent payments.
Legal Proceedings
Millar’s lawsuit sought recovery of unpaid rent and included claims for breach of contract, misrepresentation, and violation of the Washington Consumer Protection Act (CPA). The trial court found no valid contract between Millar and THI or Liberty that would obligate them to continue paying rent after the lease termination date .
Summary Judgment:
The court granted THI and Liberty’s motion for summary judgment, ruling that Millar’s claims lacked sufficient evidence and that any agreement did not extend to indefinite rent payments.
Appeal:
Millar appealed the summary judgment, arguing genuine issues of material fact regarding the existence of a contract and the duty of good faith and fair dealing.
COURT’S CONCLUSIONS
The court concluded that:
1. The Confirmation did not establish a perpetual obligation for THI to pay rent beyond the specified lease period.
2. Millar acknowledged that the lease agreement was between himself and Hartwell, not involving THI or Liberty.
3. THI had provided the required notice before terminating payments, and thus, no breach occurred .
Conclusion
The appellate court affirmed the trial court’s decision, dismissing all claims against THI and Liberty, thereby upholding the ruling that there was no enforceable contract obligating THI or Liberty to continue rent payments after the lease’s termination date.
ZALMA OPINION
Liberty, in accordance with its contract of insurance, found temporary housing for its insured while the damaged premises was repaired. It paid for a lease between the insured Hartwell and Millar for the period of reconstruction. The temporary lease expired and was extended with the agreement of Hartwell and Millar. Hartwell failed to pay all rent due so Millar sued the insurer with whom there was no contract. The good deeds of Liberty and THI arranging for the temporary housing was returned with a law suit even though they were not parties to the lease.
(c) 2025 Barry Zalma & ClaimSchool, Inc.
Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.
Subscribe to my substack at https://barryzalma.substack.com/subscribe
Go to X @bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library – https://lnkd.in/gwEYk
Formulaic Recitation Of The Elements Of Civil Conspiracy Are Insufficient
Post number 5320
See the full video at https://lnkd.in/gPACkgWq and at https://lnkd.in/gsaxij7D, and at https://zalma.com/blog plus more than 5300 posts.
In Hassan Fayad v. Liberty Mutual Insurance Company, et al., No. 2:25-cv-10930, United States District Court, E.D. Michigan, Southern Division (March 24, 2026) Plaintiff Hassan Fayad, the owner of several businesses providing transportation, diagnostics, testing, and therapy services, regularly billed insurance companies for these services, was arrested and tried for fraud, convicted, had the conviction overruled and sued the insurers and prosecutors he found responsible.
FACTUAL BACKGROUND
By January 2020, Liberty Mutual, Progressive, Allstate, and Esurance suspected fraudulent activity and filed a complaint with the Michigan Department of Attorney General (MDAG). The insurers alleged that Fayad and others billed Michigan auto insurance policies for profit without actually providing medically ...
Federal Courts Have Limited Jurisdiction
When all Parties Refuse Removal There is No Jurisdiction
Post number 5319
Read the full article at https://lnkd.in/gp6Z-JYY, see the full video at https://lnkd.in/gAum322y and at https://lnkd.in/gRPzCjmt and at https://zalma.com/blog plus more than 5300 posts.
In Beth Mayhew and Matthew Mayhew v. Vladimir Sadovyh, et al., No. 2:26-CV-04029-WJE, United States District Court, W.D. Missouri (April 6, 2026) Mayhew was involved in a trailer-truck accident with Vladimir Sadovyh, who was employed by Nova First, LLC and Globex Transport, Inc. Both companies owned the tractor-trailer involved.
FACTUAL BACKGROUND
Chubb and Mohave Transportation Insurance Company jointly issued an insurance policy covering Nova First, Globex, and Sadovyh, with EMA Risk Services acting as a third-party administrator.
Beth Mayhew sued Nova First, Globex, and Sadovyh for negligence in Missouri state court, and following a jury trial, a nuclear judgment was awarded to the Mayhews totaling ...
Ordinary Negligence is What Medical Professi0nal Liability Insures
Post number 5319
See the full video at https://lnkd.in/gxKjDztW and at https://lnkd.in/gnxkxS42, and at https://zalma.com/blog plus more than 5300 posts.
Sexual Conduct Exclusion Doesn’t Apply When Doctor Negligently Uses His Own Sperm
In Integris Insurance Company v. Narendra B. Tohan, No. AC 47222, Court of Appeals of Connecticut (April 7, 2026) Integris Insurance Company, a medical professional liability insurer, initiated a declaratory action to determine its duty to defend and indemnify Narendra B. Tohan, a physician licensed in Connecticut, in a separate negligence action alleging medical misconduct.
FACTUAL BACKGROUND
In 2019, Kayla Suprynowicz and Reilly Flaherty (civil action plaintiffs), who were strangers for most of their lives, discovered through a genetic testing company that they are half siblings.
INSURANCE POLICY
The policy defines “Professional Services” in relevant part as “any professional medical services within the ...
ZIFL – Volume 30, Issue 7 – April 1, 2026
THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL
Post number 5314
Posted on April 1, 2026 by Barry Zalma
Zalma’s Insurance Fraud Letter (ZIFL) continues its 30th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/ This issue contains the following articles about insurance fraud:
No One is Above the Law – Not Even a Police Officer
Police Officer Convicted for Fraud in Reporting an Accident Affirmed
Police Officer Should never Lie about Results of Chase
In State Of Ohio v. Anthony Holmes, No. 115123, 2026-Ohio-736, Court of Appeals of Ohio, Eighth District, Cuyahoga (March 5, 2026) a police officer appealed criminal conviction as a result of lies about a high speed chase.
Read the following article and the full issue of ZIFL at https://zalma.com/blog/wp-content/uploads/2026/03/ZIFL-04-01-2026-1.pdf...
ZIFL – Volume 30, Issue 7 – April 1, 2026
THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL
Post number 5314
Posted on April 1, 2026 by Barry Zalma
Zalma’s Insurance Fraud Letter (ZIFL) continues its 30th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/ This issue contains the following articles about insurance fraud:
No One is Above the Law – Not Even a Police Officer
Police Officer Convicted for Fraud in Reporting an Accident Affirmed
Police Officer Should never Lie about Results of Chase
In State Of Ohio v. Anthony Holmes, No. 115123, 2026-Ohio-736, Court of Appeals of Ohio, Eighth District, Cuyahoga (March 5, 2026) a police officer appealed criminal conviction as a result of lies about a high speed chase.
Read the following article and the full issue of ZIFL at https://zalma.com/blog/wp-content/uploads/2026/03/ZIFL-04-01-2026-1.pdf...
Posted on March 30, 2026 by Barry Zalma
Insurance Fraud, a Way to Reduce Violent Crime
Post number 5313
A Fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story helps to Understand How Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the Perpetrators than any Other Crime.
She Taught Her Customers The Swoop And Squat:
Recently the California Insurance Department’s Fraud Division arrested a young woman in Los Angeles County for operating an insurance fraud school. She advertised her classes in the “Penny Saver” an advertising sheet distributed free to the public and a print version of Facebook, X Craig’s list. She had operated for several years teaching methods of committing automobile insurance fraud. Only after a police officer enrolled in one of her classes was she arrested.
Her defense ...
