A commentary on insurance coverage issues in Hawaii and beyond
The Hawaii Insurance Commissioner has requested that admitted and non-admitted insurers offering policies in Hawaii take special consideration of policyholder impacted by COVID-19. The March 27, 2020 bulletin reads:
The impact on individuals and businesses due to COVID-19 nationwide is evident in the daily news coverage. The anticipated negative impact on individuals and
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The Governor's Executive Order compelling the closure of non-essential businesses to reduce the spread of coronavirus survived a challenge before the Pennsylvania Supreme Court. Friends of Devito v. Wolf, 2020 Pa. LEXIS 1987 (Pa. April 13, 2020). The case does not involve coverage issues, but the court's acknowledgment and description of…
Two endorsements precluded coverage for cyber theft experienced by the insured. Midlothian Enterprises, Inc. v. Owners Insurance Company, 2020 U.S. Dist. LEXIS 30237 (E.D. Va. Feb. 20, 2020).
JoAnne Davis received an email from the Midlothian president and shareholder, E. Bryce Powell, asking her to wire money to a specified bank…
The Iowa Supreme Court affirmed the lower court's denial of the policy holder's assignment to his contractor of claims under his homeowners policy. 33 Carpenters Construction, Inc v. Cincinnati Ins. Co.,2020 Iowa Sup. LEXIS 15 (Iowa Feb. 14, 2020).
The insured's home suffered damage from a hailstorm and windstorm. He…
The insurer unsuccessfully sought summary judgment based upon the underlying complaint's allegations of damage caused by faulty workmanship. Barton v. Nationwide Mut. Fire Ins. Co., 2020 U.S. District. LEXIS 25943 (D. Ala. Feb. 14, 2020).
The Bartons contracted with Stacy Alliston Design and Building, Inc. (Stacy) to build their home…
The insurer's motion to dismiss a bad faith count was granted because the existence of coverage was "fairly debatable" under New Jersey law. Merchants Mut. Ins. Co. v. 215 14th St., LLC, 2020 U.S. District. LEXIS 23664 (D. N. J. Feb. 10, 2020).
Coverage for damage to the insured's commercial building…
The Missouri Court of Appeals reversed the trial court's ruling that the insured's policy did not cover claims based upon negligent misrepresentation. Am. Family Mut. Ins. Co. v. Sharon, 2020 Mo. App. LEXIS 123 (Mo. Ct. App. Feb. 4, 2020).
Robert Sharon sued Gregory and Kristine Schwenzer for, among other…
The court rejected the insurer's attempt to dismiss a collapse case on a Motion for Judgment on the Pleadings. Peoria Prop. Invs. LLC v. Cincinnati Indemn. Co., 2020 U.S. Dist. LEXIS 17350 (C.D. Ill. Jan. 31, 2020).
The policy covered a nine-story building which had offices on the first floor…
The business risk exclusions did not apply to bar coverage for the underlying claims of damage caused by a leaky roof. Westfield Ins, Co, v. Miller Architects & Builders, 2020 U.S. App. LEXIS 2972 (8th Cir. Jan. 30, 2020).
Miller began construction on luxury apartment complex, but was terminated a…
