The Hawaii Supreme Court determined that a subrogee insurance company that intervened had an independent right to continue pursuing its claims agains the tortfeasor that were not asserted by the subrogor employee even after the employee's claims were dismissed. Park v. Dongbu Ins. Co., Ltd., 2024 Haw. LEXIS 8 (Feb. 5, 2024).
Health Care Endorsement Allows Insured to Escape Dismissal of COVID-19 Claim
Agreeing with the district court that the insured could not demonstrate "direct physical loss" due the onset of COVID-19, the First Circuit overruled the dismissal based on a health care endorsement. Lawrence Gen. Hosp. v. Continental Casualty Co., 2024 U.S. App. LEXIS 676 (1st Cir. Jan. 10, 2024).
The health care
Appraisal Presentation at ABA Insurance Coverage Conference
Our panel presented this morning at the Insurance Coverage Litigation Committee’s annual seminar this morning. We addressed “Appraisals: What’s My Loss?”
Members of our panel were Judge Keith Hiraoka from the Hawaii Intermediate Court of Appeals, Rina Carmel from Anderson McPharlin & Conners, LLP; John Vishneski from Reed Smith; Karin Aldama from Perkins Coie
Appraisal Can Go Forward Prior to Resolution of Coverage Dispute
The Florida Supreme Court found that a trial court could compel an appraisal of the insured's loss prior to resolving coverage issues. Am. Coastal Ins. Co. v. San Marco Villas Condo. Ass'n, Inc., 2024 Fla. LEXIS 185 (Fla. Feb. 1, 2024).
Hurricane Irma damaged San Marco Condominium Association's buildings.
Court Finds Matching of Damaged Materials is Required by Policy
The court granted, in part, the insured's motion for summary judgment by finding that matching roof tiles were required under the policy. Bertisen v. Travelers Home and Marine Ins. Co., 2024 U.S. Dist. LEXIS 3907 (D. Colo. Jan. 8, 2024).
The insureds sued Travelers for breach of contract, common law bad faith, and
No Duty to Defend Construction Defect Claims under Kentucky Law
The federal district court determined that the insurer was not obligated to defend construction defect claims under Kentucky law. Westfield Ins. Co. v. Kentuckiana Commercial Concrete, LLC, 2023 U.S. Dist. LEXIS 222674 (W.D. Ky. Dec. 14, 2023).
HRB, the owner of an apartment complex, filed an arbitration demand against the
COVID-19 Claims Survives Motion to Dismiss
The Superior Court for the State of Washington denied the insurer's motion to dismiss the University of Washington's claim for property damage due to COVID-19. The Board of Regents of the University of Washington v. Employers Ins. Co. of Wausau, No. 22-2-15472-1 SEA (Amended Order Denying Defendant's CR 12 (B) (6) Motion
In-house Counsel Performing Claims Handling Compelled to Appear at Deposition
The special master granted the insured's motion to compel the deposition of the in-house counsel who had acted as a claims handler. Wolverine World Wide, Inc. v. The American Insurance Co., 2023 U.S. Dist. LEXIS 225007 (W.D. Mich. Dec. 1, 2023).
The insured, Wolverine, moved compel the fact deposition of
Finding an “Occurrence,” Appellate Court Rules Insurer Must Defend
Reversing the trial court, the Wisconsin Court of Appeals found the insurer must defend a cross-claim against the insured owner of a building after an explosion occurred. LBC, LLC v Spectrum Brands, Inc., 2023 Wis. App. LEXIS 1251 (Wis. Ct. App, Nov. 30, 2023).
LBC leased commercial property to Spectrum.
Insurer’s Declaratory Relief Action on Duty to Indemnify Dismissed
The court granted the insured's motion to dismiss the insurer's action for a declaratory judgment on the issue of indemnity when the underlying action was still ongoing. Utica Mut. Ins. Co. v. Crystal Curtain Wall Sys. Corp., NYLJ LEXIS 3255 (N.Y. Sup. Ct. Dec. 1, 2023).
Crystal was a subcontractor