A commentary on insurance coverage issues in Hawaii and beyond
The Florida Supreme Court found that a trial court could compel an appraisal of the insured's loss prior to resolving coverage issues. Am. Coastal Ins. Co. v. San Marco Villas Condo. Ass'n, Inc., 2024 Fla. LEXIS 185 (Fla. Feb. 1, 2024).
Hurricane Irma damaged San Marco Condominium Association's buildings.
The Superior Court for the State of Washington denied the insurer's motion to dismiss the University of Washington's claim for property damage due to COVID-19. The Board of Regents of the University of Washington v. Employers Ins. Co. of Wausau, No. 22-2-15472-1 SEA (Amended Order Denying Defendant's CR 12 (B) (6) Motion…
The federal district court granted the insured's motion to compel an appraisal that would include a determination of causation of the loss. Eagle Highland Owners Association v. State Farm Fire and Casualty Co., 2023 U.S. Dist. LEXIS 220937 (S.D. Ohio Dec. 12, 2023).
Plaintiff argued its property suffered wind and…
The federal district court found that West Virgina required policyholders suffering a loss of personal property to list all such property before recovering under the policy. Idleman v. State Farm Fire & Cas. Co., 2023 U.S. LEXIS 123815 (N.D. W. Va. July 18, 2023).
The plaintiffs purchased a second home…
The federal district court granted the surplus lines insurer's motion to compel arbitration despite a Louisiana statute barring policies from depriving courts of jurisdiction in cases against insurers. Queens Beauty Supply, LLC v. Indep.Specialty Ins. Co., 2023 U.S. Dist. LEXIS 195372 (E.D. La. Oct. 31, 2023).
Hurricane Ida damaged property…
The court granted the insurer's motion to dismiss the homeowner's claim against the insurer because the policy insured the mortgagee, not the homeowner. Barbin v. Integon Nat'l Ins. Co., 2023 U.S. Dist. LEXIS 207192 (E.D. La. Nov. 20, 2023).
The home was damaged by Hurricane Ida. The homeowner claims that…
The Fifth Circuit affirmed the district court's determination that the insured's roof collapse was not covered. Exclusive Real Estate Inv., L.L.C. v. S.G.L. No. 1, Ltd., 2023 U.S. App. LEXIS 29368 (5th Cir. Nov. 3, 2023).
A building owned by Exclusive Real Estate partially collapsed during a rain-storm. The insurer…
The federal district court denied one insurer's motion for summary judgment seeking to establish its policy did not cover the cost to salvage a sunken yacht. Albert v. William, 2023 U.S. Dist. LEXIS 192241 (D. Haw Oct. 26, 2023).
The Nakoa, a ninety-four-foot yacht, sunk off the coast of West…
The insured's claim failed to fall within coverage under the cyber policy. Ford L.L.C. v. Lexington Ins. Co., 2023 U.S Dist. LEXIS 177426 (W.D. La. Oct. 2. 2023).
The insured, Benoit Ford, LLC and Benoit Nissan, LLC, sought coverage under their cyber policy after the theft of vehicles. Benoit owned…
The trial court's dismissal of the insured's loss of business income claim due to COVID-19 based upon a traditional pollution exclusions was reversed and remanded as to most of the insurers. JRK Prop. Holdings v. Colony Ins. Co., 2023 Cal. App. LEXIS 760 (Cal. Ct. App. Oct. 2, 2023).
JRK…
