A commentary on insurance coverage issues in Hawaii and beyond
The court determined that the policy's ensuing loss provision prevented the insurer's motion for summary judgment on coverage for repair of an elevator. Lloyd's Acceptance Corp. v. Affiliated FM Ins. Co., 2013 U.S. Dist. LEXIS 130405 (E.D. Mo. Sept. 12, 2013).
The insured managed an apartment building with four passenger elevators. After…
The court rejected the insured's argument that there was coverage for the collapse of a building caused by water leakage (a covered peril) and landslide (an uncovered peril). Stor/Gard, Inc. v. Strathmore Ins. Co., 2013 U.S. LEXIS App. 11015 (1st Cir. May 31, 2013).
A severe rain storm caused soil to slide…
In an unpublished opinion, the California Court of Appeal determined there was no coverage for damage caused by a leaking pipe, including mold. Brown v. Mid-Century Ins. Co., 2013 Cal App. Unpub. LEXIS 2389 (Cal. Ct. App. April 2, 2013).
In February 2009, the insureds noticed condensation on the windows of their…
Judge Kay of the Hawaii federal district court found coverage under an all-risk policy for damage caused by arsenic. Ass'n of Apt. Owners of Imperial Plaza v. Fireman's Fund Ins. Co., 2013 U.S. Dist. LEXIS 50904 (D. Haw. April 9, 2013).
Plaintiff had a fourth floor constructed on top of its existing…
In a brief opinion, the Second Circuit vacated the district court's denial of coverage for construction defects. Scottsdale Ins. Co. v. R.I. Pools Inc., 2013 U.S. App. LEXIS 5680 (2nd Cir. March 21, 2013).
The insured, R.I. Pools, employed outside companies to supply concrete and to shoot the concrete into the ground.
The insured's inability to present evidence of an agent's standard of professional care meant it could not succeed on a claim for failure to procure adequate coverage for damage to vacant property. Rayfield Pro., LLC v. Business Insurers of the Carolinas, Inc., 2012 N.C. App. LEXIS 1429 (N.C. Ct. App. Dec. 18, 2012).…
The Minnesota Court of Appeals affirmed the trial court's decision finding no coverage due to exclusions from the all-risk policy for losses related to mold, rot and condensation. Koskovich v. Am Family Mut. Ins. Co., 2012 Minn. App. Unpub. LEXIS 581 (Minn. Ct. App. June 25, 2012).
In 1978, the insureds purchased…
The Seventh Circuit predicted that the Wisconsin Supreme Court would adopt the continuous injury trigger for first party property loss that extends over several policy periods. Miller v. Safeco Ins. Co. of Am., 2012 U.S. App. LEXIS 12940 (7th Cir. June 25, 2012).
A home inspection report performed before the Millers purchased…
A U.S. District Court in Washington found coverage in what it described as a text book study of the efficient proximate cause rule. Hiller v. Allstate Pro. & Cas. Ins. Co., 2012 U.S. Dist. LEXIS 84862 (E.D. Wash. June 19, 2012).
The Hillers purchased a newly constructed home in December 2006. They also purchased an…
The anti-concurrent clause in a homeowner's policy barred coverage for damage caused by hidden seepage. Boazova v. Safety Ins. Co., 2012 Mass. LEXIS 462 (Mass. May 29, 2012).
The insured had a concrete patio built along the rear wall of her house at a grade higher than the home's foundation. Years later…
