The Ninth Circuit affirmed the panel's decision not to rehear en banc a case which affirmed the district court's summary judgment in favor of a tribe and against several insurance companies and underwriters. Lexington Ins. Co., et al. v Smith, et al., 2024 U.S. App. LEXIS 23429 (9th Cir Sept. 16, 2024).
Lessor Deemed Additional Insured and Entitled to Coverage
The Michigan Court of Appeals determined that the lessor of a marina was an additional insured under the lessee's policy and entitled to coverage for a wrongful death claim. Auto-Owners Ins. Co. v. JROC Inc., 2024 Mich. App. LEXIS 7053 (Mich. Ct. App. Sept. 12, 2024).
Jill Parrinello and Darrin
Alleged Negligent Misrepresentation on Condition of Home is Not an Occurrence Causing Property Damage
The court found that even if the insured's negligent misrepresentations constituted an accident, the disclosures did not cause physical damage to the property. Wood v. USAA Cas. Ins. Co., 2024 U.S. Dist. LEXIS 180624 (D. S.C. Sept. 12, 2024).
The insured, Clinton Wood, purchased a townhome in January 2014. After
Insured Fails to Provide Adequate Proof of Water Damage Through Roof
The federal district court granted the insurer's motion for summary judgment due on the insured's claims for water damage to a church. Unity Church of God in Christ of York v. Church Mutual Ins. Co., 2024 U.S. Dist. LEXIS 163204 (M.D. Pa. Sept. 11, 2024).
Unity Church alleged that it
Hawaii Federal District Court Compels Appraisal
The Hawaii federal district court denied the insurers' motion to dismiss on forum non convenient grounds and granted the insured's motion to compel arbitration. BRE Hotels and Resorts LCC, et al. v. Ace Am Ins. Co., et al., 2024 U,.S. Dist. LEXIS 163852 (D. Haw. Sept. 11, 2024).
BRE Hotels
Sexual Misconduct Exclusion Found Ambiguous
The court granted the insured's motion for summary judgment, finding a duty to defend was owed because the policy's Sexual Misconduct Exclusion was ambiguous. Powers v. Certain Underwriters at Lloyd's London, 2024 U.S. Dist. LEXIS 153265 (D. Nev. Aug. 26, 2024).
Plaintiff was sexually assaulted while walking to her apartment.
Insurer’s Motion for Summary Judgment to Dispose of Hail Damage Claim Fails
The court denied the insurer's motion for summary judgment seeking to dismiss the insured's complaint requesting coverage for hail damage and a claim for bad faith. Rodriquez v. State Farm Lloyds, 2024 U.S. Dist. LEXIS 160007 (W.D. Tex. Sept. 5, 2024).
Mr. Rodriquez sought coverage under his homeowners policy after
No Defense for Retailer of Ghost Guns
The federal district court held that the firearms retailer was not entitled to a defense for the underlying complaints that did not allege an occurrence. Granite State Ins. Co. v. Primary Arms, LLC, 2024 U.S. Dist. LEXIS 157201 (S.D. N. Y. Aug. 30, 2024).
Granite State Insurance Company and National
Insurer’s Challenge to Appraisal Award Fails
The federal district court entered judgment based on the appraisal panel's award over the insurer's objections. Proto Gage, Inc. v. Federal Ins. Co., Inc., 2024 U.S. Dist. LEXIS 155699 (E.D. Mich. Aug. 29, 2024).
Proto Gage sought coverage from Federal for its business income losses resulting from the failure of
Insured’s Failure to Cooperate Dooms Claim
The court granted the insurer's motion for summary judgment based upon the insured's failure to allow the insurer to inspect damaged personal property . Ansah v Nationwide Prop. and Cas. Ins. Co., 2024 U.S. Dist. LEXIS 151472 (S. D. Texas Aug. 23, 2024).
The insureds purchased a property policy from