A commentary on insurance coverage issues in Hawaii and beyond
The Texas Court of Appeals affirmed the trial court's granting of summary judgment to the insurer because the appeal failed to challenge the exclusion under which the insurer found no coverage. Sosa v. Auto Club Indemn. Co., 2022 Tex. App. LEXIS 6520 (Tex. Ct. App. Aug. 30, 2022).
Sosa's house…
The Illinois Appellate Court reversed the lower court and found that the insured contractor was entitled to a defense for alleged construction defects. Acuity v. M/I Homes of Chicago, LLC, 2022 Ill. App. LEXIS 393 (Ill. Ct. App. Sept. 9, 2022).
The owners association (AOAO) sued M/I Homes for breach of…
The California Court of Appeal reversed the trial court's dismissal of the insured's COVID-19 claim seeking coverage under communicalbe disease provisions. Amy's Kitchen, Inc. v. Fireman's Fund Ins. Co., 2022 Cal. App. LEXIS 836 (Oct. 4, 2022).
Amy's employed over 2,500 people to manufacture organic and vegetarian meals at facilities…
The Ohio Supreme Court found there was no duty defend the distributor of opioids in suits filed by governmental entities because such entities had not suffered bodily injury. Acuity v, Masters Pharm. Inc., 2022 Ohio LEXIS 1814 (Ohio Sept. 7, 2022).
Masters Pharmaceutical, Inc. was a wholesale distributor of prescription…
Stanford Health Care's California lawsuit against Hawaii Medical Service Association (HMSA) was dismissed for lack of personal jurisdiction. Stanford Health Care v. Hawaii Med Service. Assoc., 2022 U.S. Dist. LEXIS 159192 (N.D. Cal. Sept 2, 2022).
Stanford and Anthem Blue Cross of California contracted for Stanford to provide medical services…
The Vermont Supreme Court found that the insured's complaint alleging business interruption due to COVID-19 could survive the insurer's motion for judgment on the pleadings. Huntington Ingall's Industries v. Ace Am. Ins. Co., 2022 Vt. LEXIS 47 (Sept. 23, 2022).
In March 2020, the Undersecretary of Defense told the insured…
The California Court of Appeal found that the insured alleged facts sufficient to trigger coverage under a civil authority endorsement after government shutdown orders due to COVID-19 caused the insured to close its business. Butter Nails & Waxing v. Underwriters at Lloyd's, 2022 Cal. App. Unpub. LEXIS 5264 (Cal. Ct. App. Aug.
A recommended decision from the Magistrate Judge of the Federal District Court for the District of Colorado found there was no coverage for the subcontractor's faulty workmanship, but recognized that Colorado finds consequential damages to be property damage. Indian Harbor Ins. Co. v. Houston Cas. Co., 2022 U.S. Dist. LEXIS 117857…
After the agent informed the insured there was no coverage and submitting a claim would be a useless effort, the Hawaii Intermediate Court of Appeal reversed the trial court's dismissal of the insured's suit against the agent. Pflueger, Inc. v. AIG Holdings, Inc., 2022 Haw. App. LEXIS 279 (Haw. Ct. App. Sept.
