A commentary on insurance coverage issues in Hawaii and beyond
The appellate court reversed the trial court's granting of a judgment on the pleadings based upon the expected injury exclusion in a homeowner's policy. Allstate Indemn. Co. v. Contreras, 2018 Ill. App. LEXIS 170964 (Ill. Ct. App. July 20, 2018).
Alejandra Contreras owned Jasmine's Day Care. Her husband, Adan Contreras…
The appellate court reversed the jury verdict in favor of the homeowners based upon improper instructions purporting to impose a duty to adjust the claim and how to construe a contract. Citizens Prop. Ins. Corp. v Mendoza, 2018 Fla. App. LEXIS 9497 (Fla. Ct. App. July 5, 2018).
The insureds …
The defendant's motion to dismiss an implied contract claim in a subrogation action was denied. Cumis Ins. Soc'y v. Count, 2018 U.S. Dist. LEXIS 118380 (D. Haw. July 16, 2018).
Cumis issued a fidelity bond to Kauai Government Employee's Federal Credit Union (KGE). The bond provided coverage of losses incurred as a result…
The Sixth Circuit, overturning the district court's award of summary judgment to the insurer, reversed and remanded denial of the claim for computer fraud. Am. Tooling Center, Inc. v. Travelers Cas. and Sur. Co of Am., 895 F.3d 455 (6th Cir. 2018).
American Tooling Center (ATC) produced stamping dies for…
It has been an active hurricane season thus far for Hawaii, and there are still three months left in the season. To supplement our prior tips for homeowners in preparing to submit insurance claims after a storm [here], below are some additional tips for businesses.
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The appellate court reversed a jury verdict for the insured due to improper trial tactics by his attorney. Homeowners Choice Property and Cas. Ins. Co., Inc. v. Kuwas, 2018 Fla. Ct. App. LEXIS 9500 (Fla. Ct. App. July 5, 2018).
The insured sued Homeowners Choice (HCI) alleging breach of contract…
The Second Circuit affirmed the district court's finding of coverage for a cyber attack. Medidata Solutions Inc. v. Federal Ins. Co., 2018 U.S. App LEXIS 18376 (2nd Cir. July 6, 2018). The district court's decision is summarized in a prior post here.
Medidata sued Federal when coverage was denied…
In deciding which tower of insurance was triggered, the Eighth Circuit had to determine whether the action of one insured's employee in shooting into the direction of a lake and hitting a young girl constituted gross negligence. Federal Ins. Co. v. Great Am. Ins. Co., 893 F. 3d 1098 (8th Cir. 2018).…
With Hurricane Lane approaching Hawaii, here are some tips for being prepared to submit claims to your insurer or any loss caused by the storm.
Collect important papers, including your homeowners insurance policy so they are available after the storm.
Keep contact information for your insurer and agent available
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