A commentary on insurance coverage issues in Hawaii and beyond
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.
…
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
…
The Michigan Court of Appeals affirmed the trial court's decision finding the policy's collapse coverage did not apply. Cmty. Garage v. Auto-Owners Ins. Co., 2018 Mich. App. LEXIS 2680 (Mich. Ct. App. June 19, 2018).
The insured operated a truck repair business. In June 2016, the insured's place of business…
The trial court erred in excluding lay testimony on diminution of value of the insured's property and by requiring expert testimony. Woodrum v. Georgia Farm Bureau Mut. Ins. Co., 2018 Ga. App. LEXIS 429 (Ga. Ct. App. June 27, 2018).
During a thunderstorm, a large tree fell onto the roof…
On August 21, 2018, with Hurricane Lane approaching, the Hawaii Insurance Commissioner issued a declaration allowing out-of-state independent adjusters to assist with claims for thirty days. The declaration is here. The adjuster must be licensed in a state with similar licensing requirements as Hawaii. Hopefully, the addition of more adjusters will assist…
The Fourth Circuit certified the following question to the South Carolina Supreme Court: Does South Carolina law support application of the "at issue" exception to the attorney-client privilege such that a party may waive the privilege by denying liability in its answer? In Re: Mt. Hawley Ins. Co., 2018 U.S. App. LEXIS…
