A commentary on insurance coverage issues in Hawaii and beyond
The court denied, in part, the insurer's motion for summary judgment that argued the insured made an insufficient showing of entitlement to Actual Cash Value (ACV) payments under the policy. RR Restoration, LLC v. Empire Indem. Ins. Co., 2023 U.S. Dist. LEXIS 129388 (M.D. Fla. July 16, 2023).
Amblewood Condominium…
The court denied a motion to compel an appraisal upon determining the cause of the loss was still at issue. QBE Sec. Ins. Co., et al. v. The Enclave at Oak Hill Owners Association, 2023 U.S. Dist. LEXIS 107040 (S.D. Ala. June 21, 2023).
Buildings at the Enclave were…
The court dismissed the insured's claims, but allowed the insured to file an amended compliant on its claim for deceptive and unfair trade practices. Cornerstone Assembly of God, Inc. v. Brotherhood Mut. Ins. Co., 2023 U.S. Dist. LEXIS 113864.
The insured church held a policy issued by Brotherhood Mutual Insurance…
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 Eleventh Circuit affirmed the district court's denial of a motion for a new trial after the jury determined the insurer owed policy benefits for hurricane damage to the insured's property. AM Grand Court Lakes LLC v. Rockhill Ins. Co., 2023 U.S. App. 13902 (11th Cir. June 5, 2023).
AM…
The trial court erred in placing the burden on the policyholder to establish depreciation in determining the actual cash value of the loss. SFR Serv., LLC v. Tower Hill Prime Ins. Co., 2023 Fla. App. LEXIS 3570 (Fla. Ct. App. May 26, 2023).
The insureds' roof was damaged by Hurricane…
The court found that an incomplete notice of the claim was insufficient to trigger coverage. Gray v. Fla. Peninsula Ins. Co., 2023 Flag. App. LEXIS 3406 (Fla. Ct. App. May 19, 2023).
Hurricane Irma damaged the insureds' roof when it struck on September 10, 2017. A Florida statute required that…
The court granted summary judgment to the insurer on the insured's claim for bad faith due to denial of the claim. Treigle v. State Farm Fire and Cas. Ins. Co., 2023 U.S. Dist. LEXIS 87786 (E.D. La. May 19, 2023).
The insured's home sustained serious water damage due to Hurricane…
The magistrate judge recommended that the insurer's motion for summary judgment be denied, finding a material issue of fact regard the cause of loss after Hurricanes Laura and Delta. Armstrong v. Amguard Ins Co., 2023 U.S. Dist. LEXIS 76869 (E.D. Texas, April 14, 2023).
The policy excluded damage caused by…
The court found there was no coverage for wind damage under a policy that expressly stated it did not cover windstorm. Chesnutt v. Southern Pilot Ins. Co., 2023 U.S. Dist. LEXIS 66900 (E.D. N.C. April 17, 2023).
The Chesnutts had a policy issued by Southern Pilot that stated in bold…
