A commentary on insurance coverage issues in Hawaii and beyond
The insurer's motion to dismiss the insured's claim for business losses due to COVID-19 was granted in part, denied in part. SRL v Zurich Am. Ins Co., 2022 U.S. Dist. LEXIS 210058 (N.D. Ill. Nov. 21, 2022).
Excelsior owned and managed the Westin Excelsior Rome, a luxury hotel in Rome.
The Appellate Division of the Supreme Court of New York affirmed the lower court's denial of the insurers motion to dismiss COVID-19 claims. Tina Turner Musical LLC v. Chubb Ins. Co. of Europe SE, 2022 N.Y. App. Div. LEXIS 6758 (N.Y. App. Div. Dec. 6, 2022). The case is here.
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The California Court of Appeal determined the insured's complaint was properly dismissed, but the lower court erred in not granting leave to amend. Tarrar Enterprises, Inc. v. Associated Indemn. Corp., 2022 Cal. App. LEXIS 811 (Cal. Ct. App. Sept. 22, 2022).
Tarrar Enterprieses, Inc. operated a utility consultnat business. The…
The California Court of Appeal reversed the trial court's dismissal of the insured's COVID-19 claim seeking coverage under communicalbe disease provisions. Amy's Kitchen, Inc. v. Fireman's Fund Ins. Co., 2022 Cal. App. LEXIS 836 (Oct. 4, 2022).
Amy's employed over 2,500 people to manufacture organic and vegetarian meals at facilities…
The Vermont Supreme Court found that the insured's complaint alleging business interruption due to COVID-19 could survive the insurer's motion for judgment on the pleadings. Huntington Ingall's Industries v. Ace Am. Ins. Co., 2022 Vt. LEXIS 47 (Sept. 23, 2022).
In March 2020, the Undersecretary of Defense told the insured…
The California Court of Appeal found that the insured alleged facts sufficient to trigger coverage under a civil authority endorsement after government shutdown orders due to COVID-19 caused the insured to close its business. Butter Nails & Waxing v. Underwriters at Lloyd's, 2022 Cal. App. Unpub. LEXIS 5264 (Cal. Ct. App. Aug.
Answering a certified question, the South Carolina Supreme Court determined that the presence of COVID-19 and/or government shutdown orders did not constitute "direct physical loss or damage" to property. Sullivan Mgmt. v. Fireman's Fund Ins. Co., 2022 S.C. LEXIS 90 (S.C. Sup. Ct. Aug. 10, 2022).
Sullivan Management, LLC operated…
After reversing the trial court's denial of the insured's petition for declaratory judgment on a business interruption claim, the Louisiana Court of Appeals denied the insurer's motion for rehearing en banc. Cajun Conti LLC v. Certain Underwriters at Lloyd's, 2022 La. App. LEXIS 1278 (La. Ct. App. Aug. 8, 2022).
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The federal district court for the district of Hawaii determined the insured's COVID-19 claims were novel and undecided by Hawaii state courts and remanded the case. Hawaii Theatre Center v. Am. Ins. Co., 2022 U.S. Dist. LEXIS 152836 (D. Haw. Aug. 25, 2022).
The Theatre sought coverage under its commercial…
The federal district court found there were multiple occurrences of property damage under a disease contamination provision in the policy. Dental Express, LLC v. Massachusetts Bay Ins. Co., 2022 U.S. Dist. LEXIS 119701 (N.D. Ill. July 7, 2022).
Dental Express operated seventy-three dental offices across nine states and the District…
