After its prior decision holding there was no coverage for faulty workmanship was remanded by the Michigan Supreme Court, the Court of Appeals remanded to the trial court. Skanska United States Bldg. v. M.A.P. Mech. Contrs., 2021 Mich. App. LEXIS 7336 (Mich. Ct. App. Dec. 28, 2021). The post summarizing the
Insurers’ Motion to Dismiss COVID-19 Business Interruption Claims Denied
With the exception of one insurer with a virus exclusion, the court denied a motion to dismiss filed by various insurers business interruption claims related to COVID-19. AC Ocean Walk, LLC v. Am. Guar. and Liab. Ins. Co., No. ATL-L0703-21, Order (N.J. Super. Ct. Dec. 22, 2021)
AC Ocean Walk, LLC
New Hampshire Superior Court Grants Interlocutory Appeal for COVID-19 Claim
After issuing the insureds' summary judgment motion that COVID-19 invasion of the insureds' property constituted "direct physical loss or damage to property," the New Hampshire Superior Court granted the insurers' motion for an interlocutory appeal. Schleicher & Stebbins Hotels, LLC, et al. v. Starr Surplus Lines Ins Co, et al., No. 217-2020-CV-000309
Hawaii Supreme Court Confirms Insured’s Right to Amend Complaint
The Hawaii Supreme Court reversed the lower courts' denial of the insured's motion for leave to amend despite its being filed several years after the initial complaint. Carvalho v. AIG Hawaii Ins. Co., 2022 Haw. LEXIS 3 (Haw. Jan. 11, 2022).
Royden Kalavi died in an auto accident on September 23, 2005. The personal
Res Judicata Does Not Bar Insurer From Pursuing Subrogation
The appellate division reversed the lower court's dismissal of the subrogation action, deciding res judicata was not applicable. Cincinnati Ins. Co. v. Acadia Ins.Co., 2021 N.Y.App. Div. LEXIS 7272 (Dec. 23, 2021).
Irene Frey slipped and injured herself on property owned by 60 LBC. 60 LBC had retained Red Cedar
Insureds Suit Fails by Suing Wrong Insurance Company
The Ninth Circuit affirmed the district court's granting summary judgment to the insurer who did not issue the policy to the insureds. Steinhauer v. Liberty Mut. Ins. Co., 2021 U.S. App. 35457 (9th Cir. Dec. 1, 2021).
Sherrell and Joanne Steinhauser had a homeowner's policy issued by Liberty Insurance Corporation. The
Motion to Strike Insurer’s New Argument Granted
The court granted a motion to strike the insurer's new argument that the insured had made misrepresentations in its application for the policy. Great Lakes Ins. v. Gray Group Inves., LLC, 2021 U,S. Dist. LEXIS 243929 (E.D. La Dec. 22, 2021).
Gray Group sought coverage for its yacht, HELLO DOLLY
Hawaii Federal District Court Denies Title Insurer’s Motion for Summary Judgment
In a rare title insurance dispute before the federal district court in Hawaii, the court denied the insurer's motion for summary judgment while granting the insured's motion for summary judgment. First Am. Title Ins. Co. v. GS Industries, LLC, 2021 U.S. Dist. LEXIS 240601 (D. Haw. Dec. 16, 2021).
GS Industries
Summary Judgment Granted to Insurer for Hurricane Damage
The insurer's motion for summary judgment, contending there was no coverage for hurricane damage, was granted. Laurence v. Liberty Ins. Corp., 2021 U.S. Dist. LEXIS 227807 (S.D. Texas Nov. 29, 2021).
When Hurricane Harvey hit, Mike Laurence held a homeowner's policy from Liberty Insurance Corporation and a contractor policy for
New York Court Denies Injunction to Prevent Out-of-State Suit
The Appellate Division of the Supreme Court refused to grant an injunction to the insurer to prevent a pending suit in Washington state. North Am. Elite Ins. Co. v. Space Needle, LLC, 2021 N.Y. LEXIS 6792(N.Y. App. Div. Dec. 2, 2021).
In 2019 Seattle based Space Needle, LLC procured a