A commentary on insurance coverage issues in Hawaii and beyond
The insurer's motion for summary judgment was granted based upon the "your product" exclusion. Lacaze Land Dev. v. Deere & Co., 2021 U,S. Dist LEXIS 162175 (W.D. La. Aug 26, 2021).
Lacaze filed suit against John Deere, the supplier of a compact loader, skid steer and mulching head, W.L. Doggett…
The Third Circuit affirmed the district court's finding that the insured contractor was entitled to a defense despite the underlying allegations of intentional trespass. Westminster Am. Ins. Co. v. Spruce 1530, LLC, 2021 U.S. App. LEXIS 24822 (3d. Cir. Aug. 19, 2021).
In the underlying case, the state court found…
The appellate court reversed the trial court's dismissal of the insured's complaint which adequately pled she had an insurable interest in the property even after it was transferred to an LLC. Cole v. Citizens Prop. Ins. Corp., 2021 Fla. App. LEXIS 12386 (Fla. Ct. App. Aug 25, 2021).
Two months…
The court overruled the objection to the magistrate issuance of a protective order to prevent a deposition related to a dismissed claim. Pulte Home Corp. v. TIG Ins. Co., 2021 U.S. Dist. LEXIS 159014 (S.D. Calif. Aug 23, 2021).
Plaintiff was the general contractor for two real estate development projects.
The insured's claims for breach of contract and bad faith remained while his claims for deceptive practices and punitive damages were dismissed. Fishberg v. State Farm Fire & Cas. Co., 2021 U.S. Dist. LEXIS 135043 (S.D. N. Y. July 20, 2021).
The insured rented a apartment. He was insured…
The magistrate recommended that the policy issued to the club's groundskeeper containing a Pollution Exclusion provided no coverage for a gasoline leak. Glocester County Club v. Scottsdale Ins. Co., 2021 U.S. Dist. LEXIS 149666 (D. R.I. Aug. 5, 2021).
The groundskeeper, Mr. Simonelli, was in charge of maintaining Glocester County…
The court largely denied one insurer's motion to dismiss subrogation and contribution claims raised by another insurer. Zurich Am. Ins. Co. v. Aspen Spec. Ins. Co., 2021 U.S. Dist. LEXIS 148739 (D. Nev. Aug. 6, 2021).
Both Zurich and Aspen issued policies to Cosmopolitan Hotel and Casino for an incident that…
After suffering business losses due to a hurricane, the insured's Civil Authority claim survived the insurer's motion to dismiss. Pathology Lab. v. Mt. Hawley Ins. Co., 2021 U.S. Dist. LEXIS 145129 (W.D. La. Aug. 3, 2021).
Hurricane Laura devastated Lake Charles, Louisiana causing severe damage to the insured property as…
