The Florida Court of Appeal reversed and remanded the trial court's judgment in favor of the insured because after confirming the appraisal award, judgment was issued before the insurer could offer policy defenses. State Farm Florida Ins. Co. v. Hochreiter, 2023 Fla. App. LEXIS 743 (Fla. Ct. App. Feb. 3, 2023.
The Hawaii Intermediate Court of Appeals found that after defense counsel withdrew from the case after the trial court found no coverage. defense counsel could not reenter the case without the insured's consent. Franco v. Reinhardt, 2023 Haw. App. LEXIS 63 (Feb. 28, 2023).
Fabio Reinhardt was driving a truck owned
Applying California law, the Ninth Circuit determined that the insurer could not seek reimbursement from an insured based upon joint and several liability. United Specialty Ins. Co. v. Banihashemi, 2023 U.S. App. LEXIS 5546 (9th Cir. March 8, 2023).
The insured appealed the district court's summary judgment order holding him
The Hawaii Intermediate Court of Appeals determined that appraisers cannot decide what amount is owed by the insurer after loss, but are limited to finding the amount of the loss. Krafchon v. Dongbu Ins. Co., Ltd., 2023 Haw. App. LEXIS 43 (Haw. Ct. App. Feb. 17, 2023).
The insureds owned
The Florida Supreme Court found that the president of a public adjusting firm, which was to be compensated on a contingency basis for its adjusting services, could not subsequently serve as a "disinterested" appraiser pursuant to the policy language. Parrish v. State Farm Fla. Ins. Co., 2023 Fl. LEXIS 261 (Feb. 9
The Fifth Circuit affirmed the district court's determination of coverage in a case involving cyber fraud. Valero Title Inc. v. RLI Ins. Co., 2023 U.S. App. LEXIS 2571 (5th Cir. Feb. 1, 2023).
Valero Title, Inc. purchased a crime-protection policy from RLI that included a funds transfer fraud endorsement. The
The federal district court considered a challenge to GEICO's premium rates as unconscionably excessive in light of a reduction in the insurance risk pool due to the COVID-19 pandemic. Thomas v. GEICO Cas. Co., 2023 U.S. Dist. LEXIS 19332 (N. D. Ill. Feb. 6, 2023).
During the COVID-19 pandemic, there
The Ninth Circuit asked the California Supreme Court to address whether the policy's virus exclusion was enforceable to preclude coverage for business income losses due to the present of COVID-19 at the insured's properties. French Laundry Partners LP v. Hartford Fire Ins. Co., 2023 U.S. App. LEXIS 2845 (9th Cir. Feb. 6
Interpreting Massachusetts law, the federal district court determined consequential damage resulting from the insured's faulty work triggered a duty to defend. Capitol Spec. Ins. Corp. v. Dello Russo Enter. LLC, 2023 U.S. Dist. LEXIS 11627 (D. Mass. Jan. 24, 2023).
Peta-Gay and Michael Print sued the insured, Dello Russo, who
In a case involving the sealing of records generated by an insurance company, the Hawaii Intermediate Court of Appeals found that communications between the insurer and its in-house counsel were not privileged and should not be sealed. Roy v. Government Employees Ins. Co., 2023 Haw. App. LEXIS 13 (Haw. Ct. App. Jan.