A commentary on insurance coverage issues in Hawaii and beyond
After vandals caused extensive water damage to the insured's building, the claim for resulting loss was rejected by the federal district court. Epperson v. Lexington Ins. Co., 2025 U.S. Dist. LEXIS 102028 (S.D. Ohio May 29, 2025).
The insured's borrower defaulted on a loan for purchase of a 78,000 square…
The Eighth Circuit affirmed the district's granting of summary judgment to the insurer, finding that the exclusion for faulty workmanship was applicable despite the ensuing loss provision. Bob Robinson Commercial Flooring Inc. v. RLI Ins. Co., 2025 U.S. App. LEXIS 6369 (8th Cir. March 19, 2025).
The general contractor hired…
After the insured's attempted launch failed and coverage was denied. the insured's motion for judgment on the pleadings was unsuccessful. United Launch Alliance, LLC v. Factory Mut. Ins. Coverage, et al., 2024 U.S. Dist. LEXIS 210380 (S.D. N. Y. Nov. 18, 2024).
United Launch Alliance, LLC (United) was a launch…
The Court of Appeals for the D.C. Circuit reversed the district court's finding of no coverage and found that the ensuing loss provision provided coverage for water damage. 3524 East Cap Venture, LLC, et al. v. Weschester Fire Ins. Co., et al., 104 F. 4th 193 (D.C. Cir. 2024).
Plaintiff…
The Washington Supreme Court found there was coverage for resulting loss despite the original faulty contraction, an exclusion in the policy. Gardens Condominium v. Farmers Ins. Exchange, 544 P.3d 499 (Wash. 2024).
Farmers issued a policy to Gardens Condominium providing coverage for loss or damage caused by a "Covered Cause…
The court granted the insurer's motion for summary judgment finding damage to the gym floor due to a poor paint job was not a resulting loss. Bob Robinson Commercial Flooring, Inc. v. RLI Ins,. Co., 2023 U.S. Dist. LEXIS 196105 (D. Ark. Nov. 1, 2023).
Bob Robinson Commercial Flooring (BRCF)…
Given the opposing experts' contradictory reports, the court denied both the insured and insurer's motions for summary judgment regarding coverage for a pipe leak. Pronti v. Hanover Ins. Co., 2022 U.S. Dist. LEXIS 222306 (W.D. N. Y. Dec. 9, 2022).
The insured had a swimming poll and spa, which functioned…
The Ninth Circuit reversed the district court's issuance of summary judgment regarding coverage for damages when the insured's plant had to be shut down due to an accident. Ingenco Holdings, LLC v. Ace American Ins. Co., 2019 U.S. App. LEXIS 10946 (9th Cir. April 15, 2019).
Ingenco operated a gas…
Applying Virginia law, the federal district court determined that the pollution exclusion did not bar coverage. Allied Prop. & Cas. Ins. Co. v. Zenith Aviation, Inc., 2018 U.S. Dist. LEXIS 14727 (E.D. Va. Aug. 29, 2018).
Zenith Aviation, Inc. hired Abby Construction Company to install an elevator at its warehouse.
Coverage for the collapse of a foundation was not covered under the contractor's builder's risk policy. Taja Investments LLC v. Peerless Ins. Co., 2017 U.S. App. LEXIS 19855 (4th Cir. Oct. 11, 2017).
Taja Construction LLC was renovating a row house owned by Taja Investments LLC when the east wall…
