A commentary on insurance coverage issues in Hawaii and beyond
The insurer's challenge to an appraisal award that was more than the insureds' proof of loss was rejected by the court. Larson, et al. v. Auto-Owners Ins. Co., Iowa Dist. Ct. No. LACV053659 (Iowa Dist. Ct. June 4, 2025).
The insureds' home was damaged by hail. The insureds and Auto-Owners disagreed…
The insurer’s motion for summary judgment on the insured’s collapse claim was partially granted, but mostly denied. LDG Rentals, LLC v Wester World Ins. Co., 2025 U.S. Distl LEXIS 117063 (D. Kan. June 18, 2025).
LDG Rentals, LLC purchased a two-story, 125 year old building. LDG sought coverage through its…
After vandals caused extensive water damage to the insured's building, the claim for resulting loss was rejected by the federal district court. Epperson v. Lexington Ins. Co., 2025 U.S. Dist. LEXIS 102028 (S.D. Ohio May 29, 2025).
The insured's borrower defaulted on a loan for purchase of a 78,000 square…
The insurer's challenge to an appraisal award was rejected by the federal district court. Bogaerts v. State Farm Fire and Cas. Co., 2025 U.S. Dist. LEXIS 102170 (E.D. Mich. May 29, 2025).
The plaintiffs' home was destroyed by fire. State Farm was notified of the loss and after an inspection…
The appellate court reversed the lower court's denial of the insurer's motion to dismiss a claim pursued by non-insured parties. Nino & Nino Corp. v. Utica First Insurance Co., 2025 N.Y. App. Div. LEXIS 3226 (N.Y. App. Div. May 28, 2025).
Granville Wiltshire (decedent) was an employee of Door Restaurant…
The lower court's denial of cross-motions for summary judgment concerning the broker's liability for allegedly procuring inadequate coverage was affirmed. Marcellus Energy Servs. LLC v. Tompkins Ins. Agencies, Inc, 2025 N.Y. App. Div. LEXIS 3032 (N.Y. App. Div. May 15, 2025).
Plaintiff Marcellus Energy Services LLC supplied truck drivers to…
The court denied the insurer's motion to strike the insureds' expert witnesses, and denied the insurer's motion to dismiss claims under the Texas fair claims settlement act. Gerstman v. Crestbrook Ins. Co., 2025 U.S. Dist. LEXIS 108705 (N.D. Tex. Jun 9, 2025).
The insureds' property suffered damage when, during a…
The Illinois Appellate Court held that issues of causation can be part of an appraisal process. Xaing Zhoa v. State Farm Fire & Cas., Co., 2025 Ill App. LEXIS 903 (Ill. App. Ct. May 12, 2025).
The insured had a homeowners policy with State Farm. A hailstorm damaged the insured's…
The Virginia Court of Appeals affirmed the trial court's conclusion that an appraisal award was not an arbitration award reviewable under the arbitration statute. Church Mutual Ins. Co., S.K. v. Ephesus Richmond Seventh-Day Adventist Church, 2025 Va. App. LEXIS 214 (Va. Ct. App. April 8, 2025).
Ephesus held a property…
The insureds' suit against their agent for procuring an inadequate policy was dismissed with leave to amend. Pennington v. United States Assure Ins. Servs. of Fla, Inc., et al., 2025 U.S. Dist. LEXIS 82529 (N.D. Calif. April 30, 2025).
Plaintiffs Thomas and Kelli Pennington sued defendants US Assure Insurance Services…
