Addressing issues left open in its seminal decision in Montrose, the California Supreme Court found that the language in the first-level excess policies meant that the insured could access the policies upon exhaustion of the directly underlying policies purchased for the same policy period. Truck Ins. Exchange v. Kaiser Cement & Gypsum
Insurers’ Motion to Determine Lack of Occurrence Fails
The federal district court, interpreting Massachusetts law, found there were genuine issues of fact as to whether the insured's mixing of biodiesel with home heating fuel was an occurrence. United States Fire Ins. Co. v. Peterson's Oil Serv., Inc., 2024 U.S. Dist. LEXIS 106980 (D. Mass. June 17, 2024).
Homeowners
Insured’s Claim for Water Damage Dismissed with Leave to Amend
The court granted the insurer's motion to dismiss the insured's claim for water damage under a homeowners' policy, but granted leave to amend. Thompson v. State Farm Gen. Ins. Co., 2024 U.S. Dist. LEXIS 98486 (C.D. Cal. June 3, 2024).
The insureds' first amended complaint alleged they "suffered a sudden
Full Coverage for Phishing Scam Not Established
The California Court of Appeal affirmed the trial court's dismissal of the insured's claim for full coverage after suffering from the phishing scam. Door Sys. v. CFC Underwriting Limited, 2024 Cal. App. Unpub. LEXIS 3441 (Cal. Ct. App. June 3, 2024).
Door Systems was a leading distributer of integrated
COVID-19 Case Survives Insurers’ Motion for Partial Summary Judgment Based Upon Endorsement for Infectious Disease
The Nevada trial court distinguished a prior decision from the Nevada Supreme Court and denied the insurers' Motion for Partial Summary Judgment on a COVID-19 claim. Bloomin' Brands, Inc. v. Ace Am. Ins. Co., et al., No. A-21-830204-B (Nev. Dist. Ct., June 21, 2024) (order denying motion for partial summary judgment). The
Incorrect Information Provided on Insurance Application Defeats Claim for Coverage
The Eleventh Circuit affirmed the district court's finding of no duty to defend or indemnify because of an answer on the insured's application for insurance. Snell v. United Specialty Ins. Co., 2024 U.S. App. 12733 (11th Cir. May 28, 2024).
Snell was hired by a family, the Westons, to turn an
Insurer’s Suit Against Provider of Vehicle Valuation Services Survives Motion to Dismiss
The Second Circuit vacated the district court's granting of a motion to dismiss the insurer's complaint against the company that provided valuation services for vehicles involved in accidents. Ameriprise Captive Ins. Co. v. Audatex N. Am., Inc., 2024 U.S. App. LEXIS 12400 (May 23, 2024).
After using Audatex's valuation services
Insurer’s Motion for Summary Judgment to Dispose of Bad Faith Claim Denied
The court denied the insurer's motion for summary judgment seeking to dismiss the insured's bad faith claim. Landmark Am. Ins. Co. v Esters, 2024 U.S Dist LEXIS 93008 (W.D. La. May 23, 2024).
The case arose out of circumstances occurring due to Hurricane Laura making landfall on August 27, 2020.
Court Considers Damage Calculation for Cyber Attack
The court was asked to determine the correct methodology for calculating Business Income Loss under the Smart Cyber Insurance Policy after the insured suffered from a cyber attack. Heritage Co., Inc. v. Hudson Excess Ins. Co., 2024 U.S. Dist. LEXIS 91714 (E.D. Ark. May 22, 2024).
Heritage suffered from a
California Court of Appeal Finds Coverage for Injured Worker Despite Contractor’s Exclusion
The California Court of Appeal affirmed the trial court's finding that the policy covered a worker's injuries despite the Contractor's Exclusion. Cal. Spec. Insulation . Allied Work Surplus Lines, Ins. Co., 2024 Cal. App. LEXIS 317 (Cal. Ct. App. May 17, 2024).
Air Control Systems, Inc. was retained by a