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Insurance Law Hawaii

A commentary on insurance coverage issues in Hawaii and beyond

Actual Cash Value

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Labor Costs Not Excluded From Depreciation When Determining Actual Cash Value

By Tred R. Eyerly on January 9, 2019

    The court dismissed a class action suit against State Farm which sought to establish that a calculation of actual cash value (ACV) in a homeowners policy could not depreciate the cost of labor. Cranfield v. State Farm Fire & Cas. Co., 2018 U.S. Dist. LEXIS 199618 (N.D. Ohio Nov. 26, 2018)

 …

Posted in Actual Cash Value, First Party Insurance

Data Breach Does Not Constitute “Personal Injury” Under CGL Policy

By Tred R. Eyerly on November 19, 2018

    The federal district court agreed with the insurer that there was no coverage for the insured's causing a data breach. St. Paul Fire & Marine Ins. Co. v. Rosen Millennium, Inc., 2018 U.S. Dist. LEXIS 173072 (M. D. Fla. Sept. 28, 2018).

    Millennium provided data security services for Rosen Hotels…

Posted in Actual Cash Value, Comprehensive General Liability, Cyber Risk

Broad Evidence Rule Used To Determine Actual Cash Value

By Tred R. Eyerly on March 28, 2018

    Affirming the District Court, the Seventh Circuit agreed that the broad evidence rule was used under Indiana law to determine actual cash value. Thorne v. Member Select Ins. Co., 2018 U.S. App. LEXIS 3265 (7th Cir. Feb. 12, 2018).

    Thorne's home burned to the ground in February 2008. Member Select…

Posted in Actual Cash Value, First Party Insurance

Bad Faith Damages Awarded for Claims Handling

By Tred R. Eyerly on September 19, 2016

    The insureds prevailed at trial in securing an award for bad faith due to the insurer's unreasonable handling of the claim. Taladay v. Metro. Group Prop. & Cas. Ins. Co., 2016 U.S. Dist. LEXIS 87659 (W.D. Wash. July 6, 2016).

    Rosemarie Taladay had a homeowners policy with MetLife. After her death…

Posted in Actual Cash Value, Attorneys' Fees, Bad Faith, First Party Insurance

Depreciating Labor Costs May be Factor in Actual Cash Value

By Tred R. Eyerly on April 20, 2016

   The Minnesota Supreme Court considered a certified question from the the U.S. District Court regarding consideration of depreciating labor costs in determining the actual cash value of a loss. Wilcox v. State Farm Fire & Cas. Co., 2016 Min. LEXIS 50 (Minn. Feb. 10, 2016).

   The insureds' home was damaged by hail.

Posted in Actual Cash Value, First Party Insurance

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