A commentary on insurance coverage issues in Hawaii and beyond
The Colorado Court of Appeal reversed, in part, the trial court's dismissal of the insured's COVID-19 claim. Spectrum Retirement Communities, LLC, et al v. Continental Casualty Company, 2025 Colo. App. LEXIS 876 (Colo. Ct. App. June 18, 2025).
Spectrum owned and operated forty-three senior living and memory care communities in…
The Fifth Circuit affirmed the district court's grant of summary judgment to the insurer despite the insured's claim it was not adequately compensated for its loss. In the Matter of New York Inn, Inc., 2025 U.S. App. LEXIS 7887 (5th Cir. April 3, 2025).
Viva Inn Motel submitted a claim…
Faced with a motion for judgment on the pleadings filed by several of its insurers, the insured was successful in arguing that the Loss of Attraction endorsement in one insurer's policy allowed the insured to pursue losses suffered by its businesses due to COVID-19. BBX Capital Corp. v. Scottsdale Ins. Co., et …
Departing from the multitude of decisions that have determined there is no coverage for losses due to the COVID-19 pandemic, the North Carolina Supreme Court found that various bars and restaurants that were closed during the pandemic under government orders stated a claim for coverage when suing their insurers. North State Deli, LLC, …
The insurers' motion to dismiss a COVID-19 claim was denied based upon an endorsement for business interruption claims. Mandarin Oriental, Inc. v. HDI Global Ins. Co., 2024 U.S. Dist. LEXIS 169836 (S.D N.Y. Sept. 19, 2024).
Mandarin owned hotels in, among other cities, Miami, New York, Washington, D.C. and Boston.
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…
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…
The federal district court determined there was no coverage for the insured winery's damaged pears. Root v. Hanover Ins. Co., 2024 U.S. Dist. LEXIS 152481 (D. Or. Aug. 26, 2024).
The winery owned and operated a commercial vineyard that produced and sold pear cider. To protect their business and property…
Reversing the Court of Appeal, the California Supreme Court determined a virus endorsement did not salvage coverage for business loss due to COVID-19. John's Grill v. Hartford Fin. Serv. Group, Inc., 2024 Cal. LEXIS 4241 (Cal. Aug. 8, 2024).
John's Grill was heavily impacted by the COVID-19 pandemic and…
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…
