A commentary on insurance coverage issues in Hawaii and beyond
In an unpublished opinion, the Fourth Circuit affirmed the district court's finding that the insurers' reservation of rights letters did not provide a basis for denial of coverage. Stoneiedge At Lake Keowee Owners Ass'n Inc. v. Cincinnati Ins. Co., 2022 US. App. LEXIS 34292 (4th Dist. Dec. 13, 2022).
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Although the court agreed the insured's complaint did not trigger coverage under provisions for business income losses and business access prevention by civil authority, the policy contained other provisions under which the trial court should have granted leave to amend. Boffo Cinemas, LLC v. Fireman's Fund Ins. Co., 2023 Cal App. Unpub.
The Hawaii Supreme Court granted certiorari in a case involving an agent's alleged negligence in deciding not to submit a claim. Pflueger, Inc. v. AIU Holdings, Inc., 2023 Haw. LEXIS 3 (Haw. Ct. App. Jan. 6, 2023). Our post on the Intermediate Court of Appeals decision is here.
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After the Court of Common Pleas granted summary judgment to the insured on its business interruption claim, the Pennsylvania Superior Court affirmed. Ungarean v. CNA & Valley Forge Ins. Co., 2022 Pa. Super. LEXIS 467 (Pa. Super. Ct. Nov. 30, 2022).
Timothy Ungarean operated a dental practice. As a result…
The insurer's motion to dismiss the insured's claim for business losses due to COVID-19 was granted in part, denied in part. SRL v Zurich Am. Ins Co., 2022 U.S. Dist. LEXIS 210058 (N.D. Ill. Nov. 21, 2022).
Excelsior owned and managed the Westin Excelsior Rome, a luxury hotel in Rome.
Although the court was incredulous that the parties were disputing the possession of a gate opener allegedly damaged in a lightning strike, it granted the insured's motion for partial summary judgment finding the insurer had converted the gate opener. Privratsky v. Liberty Mut. Fire Ins Co., 2022 U.S. Dist. LEXIS 196002…
The Appellate Division of the Supreme Court of New York affirmed the lower court's denial of the insurers motion to dismiss COVID-19 claims. Tina Turner Musical LLC v. Chubb Ins. Co. of Europe SE, 2022 N.Y. App. Div. LEXIS 6758 (N.Y. App. Div. Dec. 6, 2022). The case is here.
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