A commentary on insurance coverage issues in Hawaii and beyond
The insurer's motion for summary judgment to dismiss the claim because the insurer did not provide notice "as soon as practicable" was denied. Vintage Hospitality Group LLC v. Nat'l Trust Ins. Co., 2021 U.S. Dist. LEXIS 192651 (M.D. Ga. Oct. 6, 2021).
Vintage owned hotels, one of which was…
The Second Circuit predicted that the New York appellate courts would find the contractual indemnity provision prevailed over the application of an "other insurance" provisions. Cent. Sur. Co. v. Metro. Transit Auth., 2021 U.S. App. LEXIS 29860 (2nd Cir. Oct. 5,2021).
Long Island Railroad (LIRR) contracted with general contractor…
The Tenth Circuit determined that the Colorado Supreme Court would agree with other state courts that appraisers can decide the causation of a loss. Bonbeck Parker, LLC v. The Travelers Indem. Co. of Am., 2021 U.S. App. LEXIS 29607 (10th Cir. Oct. 1, 2021).
A hailstorm damaged three buildings owned…
Determining that government shutdown orders during the pandemic were a physical cause of loss and finding the virus exclusion ambiguous, the court denied the insurer's motion to dismiss. Risinger Holdings v. Sentinel Ins. Co., 2021 U.S. Dist. LEXIS 192474 (D. E.D. Texas Sept. 30, 2021).
Risinger owed several orthodontic practices. It held a policy…
The Illinois Supreme Court determined that a homeowner insurer may not depreciate labor costs in calculating actual cash value (ACV) after a loss under the policy. Sproull v. State Farm Fire and Casualty Co., 2021 Ill. LEXIS 619 (Ill. Sept. 23, 2021).
Plaintiff was insured under a homeowner's policy that…
The court determined that the insured's policy did not cover the theft of funds orchestrated by instructions from fraudsters. Star Title Partners of Palm Harbor, LLC v. Illinois Union Ins. Co., 2021 U.S. Dist. LEXIS 193001 (M.D. Fla. Sept. 1, 2021).
Star Title was a title company retained by Neil…
Interpreting Montana law, the federal district court found that the policy's anti-concurrent causation clause prevented coverage for the insured's damaged home. Ward v. Safeco Ins. Co. of Am., 2021 U.S. Dist. LEXIS 149051 (D. Mont. Aug. 9, 2021).
Plaintiff was advised by her tenants that water was bubbling up from…
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).…
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…
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…
