A commentary on insurance coverage issues in Hawaii and beyond
The claimant's argument that he was misled by agents on benefits under disability policies was overruled on summary judgment and affirmed by the appellate court. Wooten v. Northwestern Mut. Life Ins. Co., 2023 Tex. App. LEXIS 5653 (Tex. Ct. App. July 31, 2023).
Wrenn Wooten, a MRI radiologist, purchased seven…
The court denied, in part, the insurer's motion for summary judgment that argued the insured made an insufficient showing of entitlement to Actual Cash Value (ACV) payments under the policy. RR Restoration, LLC v. Empire Indem. Ins. Co., 2023 U.S. Dist. LEXIS 129388 (M.D. Fla. July 16, 2023).
Amblewood Condominium…
The Wisconsin Court of Appeals determined an occurrence could follow the insured's intentional act when the harm caused was not intentional. Riverbank Farms v. Saukville Feed Supplies, 2023 Wisc. App. LEXIS 813 (Wis. Ct. App. July 26, 2023).
Riverback was a dairy farm. It purchased feed mix from Saukville. Riverback's…
The court denied a motion to compel an appraisal upon determining the cause of the loss was still at issue. QBE Sec. Ins. Co., et al. v. The Enclave at Oak Hill Owners Association, 2023 U.S. Dist. LEXIS 107040 (S.D. Ala. June 21, 2023).
Buildings at the Enclave were…
The court dismissed the insured's claims, but allowed the insured to file an amended compliant on its claim for deceptive and unfair trade practices. Cornerstone Assembly of God, Inc. v. Brotherhood Mut. Ins. Co., 2023 U.S. Dist. LEXIS 113864.
The insured church held a policy issued by Brotherhood Mutual Insurance…
The Florida Court of Appeal overturned the jury's verdict findng loss caused by collapse. Universal Prop. & Cas. Ins. Co. v. Caboverde, 2023 Fla. App. LEXIS 4474 (Fla. Ct. App. June 28, 2023).
The insured homeowners had two claims. One was a 2016 ceiling collapse; the second was loss caused…
The California Court of Appeal reversed the trial court's issuance of a demurrer to allow the COVID-19 claim to go forward. Saddle Ranch Sunset v. Fireman's Fund Ins. Co., 2023 Cal. App. Unpub. LEXIS 3599 (Cal. Ct. App. June 22, 2023).
Saddle Ranch owned restaurants in California and Arizona. Saddle…
Predicting Georgia law, the Eleventh Circuit affirmed the district court's decision that Georgia would not allow insurers to seek reimbursement of defense costs. Continental Cas. Co., et. al v. Winder Laboratories, LLC, et. al, 2023 U.S. App. LEXIS 17852 (11th Cir. July 13, 2023).
Winder Laboratories held two policies, a…
The Wisconsin Supreme Court departed from its previous mechanism for determining property damage under the "integrated systems analysis" and found the insurers were not entitled to summary judgment as determined by the trial court. 5 Walworth, LLC v. Engerman Contracting, Inc., 2023 Wis. LEXIS 152 (Wis. June 20, 2023).
5…
