The Hawaii Supreme Court has granted certiorari to hear an appeal from the Intermediate Court of Appeals decision in Carvalho v. AIG Hawaii Insurance Company, 148 Haw. 370, 477 P.3d 164 (Haw. Ct. App. 2020). A summary of the ICA decision is here. The ICA reversed the trial court's granting of summary
No Duty to Defend Under Renter’s Policy
The court agreed that the insurer had no potential liability under a policy where the insured allegedly concealed facts and made misrepresentations regarding the condition of the property it sold. State Farm Fire & Cas. Co. v. TFG Enterprises, LLC, 2021 Neb. LEXIS 27 (Neb. Feb. 19, 2021).
TFG sold
Illinois Federal District Court Finds Duty to Defend COVID-19 Claim
The federal district court found that the insurer had a duty to defend the underlying suit based on damages allegedly arising from exposure to COVID-19. McDonald's Corp. v. Austin Mutual Ins. Co., No. 20 C 5057, Order (N.D. Ill. Feb.22, 2021). The decision is here.
McDonalds was sued for
Insured’s Claim Under Computer Transfer Fraud Provision Denied
The Fifth Circuit upheld the district court's denial of coverage under the policy's Computer Transfer Fraud provision. Mississippi Silicon Holdings, L.L.C. v. Axis Ins. Co., 2021 U.S. App. LEXIS 3112 (5th Cir. Feb. 4, 2021).
Mississippi Silicon Holdings' (MSH) chief Financial Officer, John Lalley, received an email from a regular
Oklahoma Finds Policy Can Be Assigned Post-Loss
Oklahoma joined the majority of court in finding that after a loss occurs, the insured can assign the policy to another. Johnson v. CSAA Gen. Ins. Co., 2020 Okla LEXIS 118 (Okla. Dec. 15, 2020).
Johnson's property was damaged in a storm. She filed a claim with her insurer. She
Life Insurance Claim Against Employer Prevails In Ninth Circuit Review
The estate's claims against the life insurance company failed, but the Ninth Circuit remanded for further review claims against the decedent's employer. Estate of Foster v. Am .Marine Sys. Group Ben. Plan, 2021 U.S. App. LEXIS 3555 (9th Cir. Feb. 9, 2021).
The estate filed suit under the civil enforcement provision
No Coverage for Insured Who Plants Hidden Camera in Neighbors’ Bathroom
The homeowners policy did not cover the insured after he was sued for planting a hidden camera in the bathroom of his neighbors. State Farm Fire & Cas. Co. v. Rodriguez, 2021 U.S. Dist. LEXIS 22161 (D. Haw. Feb. 5, 2021).
The insured's neighbors brought suit alleging that the insured
Insured’s Claims Under Communicable Diseases Coverage Survive Motion to Dismiss
While the court determined the virus or bacteria exclusion precluded coverage under business income, extra expense, or civil authority for the insured's COVID-19-related shutdown, the insurer's motion to dismiss was denied based upon the communicable diseases coverage. Salon XI Color & Design Group v. W. Bend Mut. Ins. Co.,, 2021 U.S. Dist.
Limited Coverage For Computer Fraud Claim
While the Arizona Appellate Court found limited coverage for a computer fraud attack against the insured, it also determined there were multiple occurrences. AIMS Ins. Program Managers, Inc. v. Nat'l Fire Ins. Co., 2921 Ariz. App. Unpub. LEXIS 123 (Ariz. Ct. App. Feb. 4, 2021).
Thieves secretly accessed from an
Unclear Sublimits Inapplicable to Superstorm Sandy Damage
The Supreme Court of New Jersey found the policies' sublimits were not applicable to reduce coverage for property damage caused by Superstorm Sandy. N.J. Transit Corp. v. Certain Underwriters at Lloyd's London, 2021 N.J. LEXIS 4 (Jan. 27, 2021).
At the time Superstorm Sandy struck New Jersey, the New Jersey