A commentary on insurance coverage issues in Hawaii and beyond
The Fifth Circuit reversed the district court's granting of summary judgment to the insurer on a construction defect claim asserted against the insured. TIG Ins. Co. v. Woodsboro Farmers Cooperative, 2024 U.S. App. LEXIS 24003 (5th Cir. Sept. 20, 2024).
In March 2013, Woodsboro Farmers Cooperative contracted with E.F. Erwin, Inc.
The insurers' motion to dismiss a COVID-19 claim was denied based upon an endorsement for business interruption claims. Mandarin Oriental, Inc. v. HDI Global Ins. Co., 2024 U.S. Dist. LEXIS 169836 (S.D N.Y. Sept. 19, 2024).
Mandarin owned hotels in, among other cities, Miami, New York, Washington, D.C. and Boston.
The federal district court adopted the Report and Recommendations (R&R) of the magistrate judge, finding there was no coverage for faulty workmanship in replacing a roof for an apartment complex. Burlington Ins. Co. v. PCGNY Corp., 2024 U.S. Dist. LEXIS 167814 (S.D. N. Y. Sept. 16, 2024).
Skyline Restoration was…
The Ninth Circuit affirmed the panel's decision not to rehear en banc a case which affirmed the district court's summary judgment in favor of a tribe and against several insurance companies and underwriters. Lexington Ins. Co., et al. v Smith, et al., 2024 U.S. App. LEXIS 23429 (9th Cir Sept. 16, 2024). …
The Michigan Court of Appeals determined that the lessor of a marina was an additional insured under the lessee's policy and entitled to coverage for a wrongful death claim. Auto-Owners Ins. Co. v. JROC Inc., 2024 Mich. App. LEXIS 7053 (Mich. Ct. App. Sept. 12, 2024).
Jill Parrinello and Darrin…
The court found that even if the insured's negligent misrepresentations constituted an accident, the disclosures did not cause physical damage to the property. Wood v. USAA Cas. Ins. Co., 2024 U.S. Dist. LEXIS 180624 (D. S.C. Sept. 12, 2024).
The insured, Clinton Wood, purchased a townhome in January 2014. After…
The federal district court granted the insurer's motion for summary judgment due on the insured's claims for water damage to a church. Unity Church of God in Christ of York v. Church Mutual Ins. Co., 2024 U.S. Dist. LEXIS 163204 (M.D. Pa. Sept. 11, 2024).
Unity Church alleged that it…
The Hawaii federal district court denied the insurers' motion to dismiss on forum non convenient grounds and granted the insured's motion to compel arbitration. BRE Hotels and Resorts LCC, et al. v. Ace Am Ins. Co., et al., 2024 U,.S. Dist. LEXIS 163852 (D. Haw. Sept. 11, 2024).
BRE Hotels…
The court granted the insured's motion for summary judgment, finding a duty to defend was owed because the policy's Sexual Misconduct Exclusion was ambiguous. Powers v. Certain Underwriters at Lloyd's London, 2024 U.S. Dist. LEXIS 153265 (D. Nev. Aug. 26, 2024).
Plaintiff was sexually assaulted while walking to her apartment.
The court denied the insurer's motion for summary judgment seeking to dismiss the insured's complaint requesting coverage for hail damage and a claim for bad faith. Rodriquez v. State Farm Lloyds, 2024 U.S. Dist. LEXIS 160007 (W.D. Tex. Sept. 5, 2024).
Mr. Rodriquez sought coverage under his homeowners policy after…
