The federal district court denied the insurer's motion for summary judgment to dismiss the restaurant's business interruption claim because expert testimony created a factual issue on whether COVID virus particles had actually contaminated the insured's property. K.C. Hopps v. Cincinnati Ins. Co., 2021 U.S. Dist. LEXIS 179633 (W.D. Mo. Sept. 21, 2021).
October 2021
Court Finds Possible Sliver of Coverage for COVID-19 Claim
By Tred R. Eyerly on
The court granted the insurer's motion for judgment on the pleadings, in part, but left the door open for the insured to pursue claims under two provisions in the policy. Monarch Casino & Resort v. Affiliated FM Ins. Co., 2021 U.S. Dist. LEXIS 179812 (D. Colo. Sept. 17, 2021).
Monarch…
Eleventh Circuit Finds No Coverage for Faulty Workmanship Claims
By Tred R. Eyerly on
The Eleventh Circuit affirmed the district court's grant of summary judgment to the insurer on the general contractor's claims for damages due to faulty workmanship. Tricon Dev. of Brevard v. Nautilus Ins. Co., 2021 U.S. App. LEXIS 27317 (11th Cir. Sept .10, 2021).
Tricon was the general contractor for a…
Forum Selection Provision Not Binding in Louisiana
By Tred R. Eyerly on
The insurer's motion to dismiss based upon the policy's forum selection provision was denied. Oak Haven Mgmt., LLC v. Starr Surplus Lines Ins. Co., 2021 U.S. Dist. LEXIS 171611 (W.D. La. Sept. 9, 2021).
The insured retirement home suffered property damage from Hurricane Laura and Hurricane Delta. After disagreements with…
Hawaii Federal District Court Remands Coverage Action
By Tred R. Eyerly on
The Federal District Court for the District of Hawaii remanded the coverage case to state court after applying the Brillhart and Dizol factors. HK Holdings, LLC v. Avemco Ins. Co., 2021 U.S Dist. LEXIS 174039 (D. Haw. Sept. 14, 2021).
HK Holding was a limited liability company organized and existing…
Contractor Entitled to Continued Defense Against Allegations of Faulty Construction
By Tred R. Eyerly on
The U.S. District Court found that the contractor was entitled to a defense in the underlying state court action. Pa. Nat'l Mut. Cas. Ins. Co. v. Zonko Builders, 2021 U.S. Dist. LEXIS 168855 (D. Del. Sept. 7, 2021).
Zonko was the general contractor for building the Salt Meadows Townhomes Condominium.
Eighth Circuit Affirms Finding of Bad Faith, Award of Costs and Prejudgment Interest
By Tred R. Eyerly on
The Eighth Circuit affirmed the district court's finding of bad faith and award to the insured of taxable costs and prejudgment interest. Selective Ins. Co. v. Sela, 2021 U.S. App. LEXIS 26062 (8th Cir. Aug. 30, 2021).
The insured suffered two hail storms that damaged his home. In 2010, the…
Portion of COVID-19 Claim Survives Motion to Dismiss
By Tred R. Eyerly on
While the insured failed to demonstrate direct physical loss, Crisis Event coverage was still possible. SJP Investment Partners LLC v. Cincinnati Insurance Company, 2021 U.S. Dist. LEXIS 162612 (N.D. Ala. Aug. 27, 2021).
The insured owned a hotel in Birmingham. The state's public health orders limited operations and caused temporarily…