A commentary on insurance coverage issues in Hawaii and beyond
The California Court of Appeal reversed the trial court's issuance of a demurrer to allow the COVID-19 claim to go forward. Saddle Ranch Sunset v. Fireman's Fund Ins. Co., 2023 Cal. App. Unpub. LEXIS 3599 (Cal. Ct. App. June 22, 2023).
Saddle Ranch owned restaurants in California and Arizona. Saddle…
The agent's motion to dismiss the insured's suit for failure to provide adequate coverage for business interruption due to catastrophic events was denied. Social Life Magazine, Inc. v. Hudson Valley Agency Alliance, LLC, 2023 N.Y. Misc. LEXIS 2351 (N.Y. Sup. Ct. May 10, 2023).
Plaintiff had used defendants Hudson Valley…
Finding that a contamiation exclusion was ambiguous, the Court denied the insurer's Motion to Dismiss the insured's COVID-19 claim. C.J. Segerstrom and Sons v. Lexington Ins. Co., 2023 U.S. Dist. LEXIS 33293 (C.D. Cal. Feb. 27, 2023).
Segerstrom owned and operated a shopping mall. It was forced to close the…
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…
The California Court of Appeal reversed the trial court's grant of the insurer's demurrer on a COVID-19 claim and remanded the case for further proceedings. John's Grill v. Hartford Fin. Servs. Group, 2022 Cal. App. LEXIS 1056 (Cal. Ct. App. Dec. 27, 2022).
John's Grill had two insurers, Hartford and…
The Ninth Circuit certified a question to the California Supreme Court asking whether the presence of COVID-19 constitutes "direct physical loss to property.'" Another Planet Entertainment, LLC v. Vigilant Ins. Co., 2022 U.S. App. LEXIS 35763 (9th Cir. Dec. 28, 2022).
Another Planet was an event promoter and venue operator…
Conceding it was an unusual step, the federal district court ordered that limited discovery take place before ruling on the insurers' motions to dismiss the insureds' business interruption claims due to COVID-19. Philadelphia Eagles Limited Partnership v. Factory Mut. Ins. Co., 2022 U.S. Dist. LEXIS 225729 (E.D. Pa. Dec. 15, 2022).
…
Consistent with its prior decision in Marina Pacific Hotel and Suites, LLC v. Fireman's Fund Ins. Co., 81 Cal. App. 5th 96 (2022), the California Court of Appeal again reversed the lower court's dismissal by demurrer of the insured's business interruption claim due to the presence of COVID-19. Shusha, Inc. v. Century-Nat'l …
Although the court agreed the insured's complaint did not trigger coverage under provisions for business income losses and business access prevention by civil authority, the policy contained other provisions under which the trial court should have granted leave to amend. Boffo Cinemas, LLC v. Fireman's Fund Ins. Co., 2023 Cal App. Unpub.
After the Court of Common Pleas granted summary judgment to the insured on its business interruption claim, the Pennsylvania Superior Court affirmed. Ungarean v. CNA & Valley Forge Ins. Co., 2022 Pa. Super. LEXIS 467 (Pa. Super. Ct. Nov. 30, 2022).
Timothy Ungarean operated a dental practice. As a result…
