The Eleventh Circuit recently held that the district court's order compelling appraisal and staying the proceedings pending appraisal was an interlocutory order that was not immediately appealable under 28 U.S.C. 1292 (a) (1). Positano Place at Naples Condominium Association, Inc. v. Empire Indem. Ins. Co., 2023 U.S. App. LEXIS 27961 (11th Cir.
November 2023
No Coverage for Construction Defect Claim Only Impacting Insured’s Work
By Tred R. Eyerly on
In a coverage dispute between two insurers over a claim for damages caused by faulty workmanship, the court found there was no right to equitable contribution or indemnity. Travelers Prop. Cas. Co. of Am. v. Mallcraft, Inc., 2023 Cal. Super. LEXIS 67568 (Cal. Super. Ct. Sept. 15, 2023).
Mallcraft was…
Replacement of Gym Floor Due to Sloppy Paint Job is Not Resulting Loss
By Tred R. Eyerly on
The court granted the insurer's motion for summary judgment finding damage to the gym floor due to a poor paint job was not a resulting loss. Bob Robinson Commercial Flooring, Inc. v. RLI Ins,. Co., 2023 U.S. Dist. LEXIS 196105 (D. Ark. Nov. 1, 2023).
Bob Robinson Commercial Flooring (BRCF)…
Claim under Cyber Policy Fails
By Tred R. Eyerly on
The insured's claim failed to fall within coverage under the cyber policy. Ford L.L.C. v. Lexington Ins. Co., 2023 U.S Dist. LEXIS 177426 (W.D. La. Oct. 2. 2023).
The insured, Benoit Ford, LLC and Benoit Nissan, LLC, sought coverage under their cyber policy after the theft of vehicles. Benoit owned…
Hawaii Supreme Court Rules Insurers Have No Right to Reimbursement of Defense Costs
By Tred R. Eyerly on
Facing an issue of first impression in Hawaii, the Supreme Court held that insurers have no right to reimbursement of defense costs unless the policy specifically provides for reimbursement. St. Paul Fire and Marine Ins. Co., et al. v. Bodell Construction Co., et al., 2023 Haw. LEXIS 194 (Haw. Nov. 14, 2023).
Traditional Pollution Exclusion Does Not Bar COVID-19 Claim
By Tred R. Eyerly on
The trial court's dismissal of the insured's loss of business income claim due to COVID-19 based upon a traditional pollution exclusions was reversed and remanded as to most of the insurers. JRK Prop. Holdings v. Colony Ins. Co., 2023 Cal. App. LEXIS 760 (Cal. Ct. App. Oct. 2, 2023).
JRK…
No Subrogation, Contribution Rights for Carrier Defending Construction Defect Claim
By Tred R. Eyerly on
The Court held that the insurer defending the additional insured general contractor had no right to equitable subrogation or equitable contribution from a separate carrier who also insured the general contractor as an additional insured. Old Republic Gen. Ins. Co. v. Amerisure Ins. Co., 2023 U.S. Dist. LEXIS 170293 (N.D. Ill. Sept.
Insured Cannot Sue to Challenge Binding Appraisal Decision
By Tred R. Eyerly on
The court dismissed the insured condominium association's challenge to an appraisal award. The Courtyards at Prairie Fields Condominium Association v. West Band Mut. Ins. Co., 2023 U.S. Dist. LEXIS 169458 (N. D. Ill. Sept. 22, 2023).
In July 2020, the insured filed a claim with West Bend for damage to…
Appraisal Goes Forward Even Though Insurer Has Yet to Determine Coverage on Additional Claims
By Tred R. Eyerly on
The trial court's order granting the insured's motion to stay litigation and compel an appraisal was affirmed even though the insurer had not determined coverage on the insured's additional claims.Heritage Prop. & Cas. Ins. Co. v. Wellington Place HOA, 2023 Fla. App. LEXIS 6405 (Fla. Ct. App. Sept. 13, 2023).
…
Appraisal Award for Damaged Roof Tiles Challenged
By Tred R. Eyerly on
The district court denied Travelers' motion for summary judgment and granted the insureds' motion in part regarding replacement of roof tiles damaged in a hail storm. Bertisen v. Travelers Home & Marine Ins. Co., 2023 U.S. Dist. LEXIS 159649 (D. Colo. Sept. 8,2023).
On May 8, 2017, the insureds' home…