The Eighth Circuit affirmed the district court's judgment that the insurer acted in bad faith when it denied the insured's claim based upon misrepresentations in the application after destruction of his house by fire. Hayes v. Metropolitan Pro. and Cas. Ins. Co., 2018 U.S. App. LEXIS 31813 (8th Cir. Nov. 9, 2018).
Attorneys' Fees
Granting of Lodestar Multiplier in Coverage Case Affirmed
By Tred R. Eyerly on
The trial court's use of a multiplier in awarding fees to the insured was affirmed by the Florida Court of Appeal. Citizens Prop. Ins. Corp. v. Laguerre, 2018 Fla. App. LEXIS 11794 (Fla. Ct. App. Aug. 22, 2018).
Following Hurricane Wilma, the insured made a claim for wind damage to…
Attorneys’ Fees Awarded “Because Of” Property Damage Are Covered by Policy
By Tred R. Eyerly on
The Ninth Circuit upheld the District Court’s decision that the insured Association of Apartment Owners was entitled to coverage for the attorneys’ fees incurred [prior post here].Ass’n of Apartment Owners of the Moorings, Inc. v. Dongbu Ins. Co., Ltd., 2018 U.S. App. LEXIS 20251 (9th Cir. July 20, 2018).…
Limited Fees Awarded to Insured After Partial Victory Over Insurer
By Tred R. Eyerly on
The Federal District Court, District of Hawaii, overruled the insured's objections to the Magistrate Judge's Findings and Recommendations awarding partial fees. Hanover Ins. Co. v. Anova Food, LLC, 2018 U.S. Dist. LEIXS 11493 (D. Haw. Jan. 24, 2018).
A prior post set forth the background of the case. In a…
Attorneys’ Fees Awarded as Part of “Damages Because of Property Damage”
By Tred R. Eyerly on
The federal district court for the district of Hawaii found that an arbitrator's award of attorneys' fees was part of the "damages because of property damage" and covered under a CGL policy. Ass'n of Apt. Owners of the Moorings v. Dongbu Ins. Co., 2016 U.S. Dist. LEXIS 110283 (Aug. 18, 2016 D.
Bad Faith Damages Awarded for Claims Handling
By Tred R. Eyerly on
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…
Fees Not Available Under Hawaii’s Assumpsit Statute for Declaratory Judgment Actions
By Tred R. Eyerly on
The Hawaii Intermediate Court of Appeals overturned an award of attorney fees in a declaratory relief action filed by the insurer. See Allstate Ins. Co. v. Silva, 2010 Haw. App. LEXIS 806 (Haw. Ct. App. Dec. 9, 2010).
Silva was injured on his motorcycle when struck by an auto driven by Ponce. …
Hawaii Auto Policy Entitles Insured To Uncapped Wage Loss Benefits
By Tred R. Eyerly on
The insured was injured in an auto accident on the Big Island on March 26, 1998. See First Ins. Co. of Hawaii, Ltd. v. Dayoan, Sr., 2010 Haw. App. LEXIS 697 (Haw. Ct. App. Nov. 18, 2010). He was covered by a Personal Auto Policy issued in February 1998 by First Insurance. The policy…
Similar to Hawai`i, Montana Case Law Entitles Successful Insured to Attorney Fees
By Tred R. Eyerly on
By statute, Hawai`i allows a party who successfully sues the insurer for benefits to recover reasonable attorney fees. Haw. Rev. Stat. 431:10-242. In Riordan v. State Farm Mut. Auto. Ins. Co., No. 08-35874, 2009 U.S. App. LEXIS 26888 (9th Cir. Dec. 10, 2009), the court determined that Montana case law also allows the…
Despite Assignment, Insurer’s Payment to Victim Not Recoverable From Victim’s Insurer
By Tred R. Eyerly on
If, after being fully compensated for injuries, the insured assigns her rights to underinsured benefits to another insurer, is the insurer entitled to the insured’s right to benefits? The Hawaii Intermediate Court of Appeals answered no in AIG Hawaii Ins. Co. v. State Farm Ins. Co., No. 27789 (Haw. Ct. App. Oct.