A commentary on insurance coverage issues in Hawaii and beyond
Thinking the loss to their property could not meet the deductible, the insureds failed to file timely notice, thereby barring their claim. Slominski v. Citizens Prop. Ins. Corp., 2012 Fla. App. LEXIS 16730 (Fla. Ct. App. Oct. 3, 2012).
After Hurricane Wilma hit Florida on October 24, 2005, the insureds made minimal…
The federal district court considered the applicability of a document retention clause in Amtex Bancshares v. Bancinsure, Inc., 2012 U.S. Dist. LEXIS 140557 (E.D. Tex Sept. 11, 2012).
Hurricane Ike caused severe damage to the insured's bank on September 13, 2008. The policy issued by Bancinsure, Inc. covered the property and its contents.
The court considered whether rain damage to a house was barred by the policy's mold exclusion. Stewart v. State Farm Fire & Cas. Co., 2012 U.S. Dist LEXIS 127804 (D. S.D. Sept. 7, 2012).
The insureds hired DJ Construction to build a new home. Before construction was completed, it was discovered that DJ Construction…
The insureds unsuccessfully argued that water damage to their home was covered by the ensuing loss provision. Friedberg v. Chubb & Son, 2012 U.S. App. LEXIS 18817 (8th Cir. Sept. 7, 2012).
The insureds' home was built in 1989. In 2006, extensive water damage was found to the house. The insureds notified…
Damon Key's current edition of Legal Alert focuses on its litigation practice. See the current edition here.
The First Circuit considered whether an alleged ambiguity on the scope of coverage between the Declarations Page and a Standard Flood Insurance Policy ("SFIP") would allow coverage to the insured. McGair v. Am. Bankers Ins. Co. of Florida, 2012 U.S. App. LEXIS 185911 (1st Cir. Sept. 4, 2012).
The insureds home was damaged…
The Indiana Court of Appeals found the "personal injury" provisions to be ambiguous when asked whether the migration of sand constituted a "wrongful entry" or "invasion of the right of private occupancy" under the policy. FLM, LLC v. The Cincinnati Ins. Co., 2012 Ind. Ct. App. LEXIS 411 (Ind. Ct. App. Aug. 28, 2012).
FLM…
The New Mexico Supreme Court considered whether the word "sudden" found in the pollution exclusion of a liability policy was ambiguous. See United Nuclear Corp. v. Allstate Ins. Co., No. 32,939 (N.M. Aug. 23, 2012).
United Nuclear operated several uranium mines in New Mexico from the 1960s through the early 1980s. At Church…
The insured homeowners were successful in establishing coverage for water damage after demonstrating an exception to the exclusion relied upon by the insurer was ambiguous. Plantek v. Town of Hamburg, 948 N.Y.S. 2d 797 (N.Y. App. Div. 2012).
The insureds' basement was flooded after an abutting water main ruptured. Allstate denied coverage…
The issue faced by the Minnesota Supreme Court was whether the insurer had a duty to disclose the insured's interest in obtaining a written explanation of an arbitration award that identified the claims of recovery and the portions of the award attributable to each. Remodeling Dimensions, Inc. v. Integrity Mut. Ins. Co., 2012…
