A commentary on insurance coverage issues in Hawaii and beyond
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…
The court dismissed the insured condominium association's challenge to an appraisal award. The Courtyards at Prairie Fields Condominium Association v. West Band Mut. Ins. Co., 2023 U.S. Dist. LEXIS 169458 (N. D. Ill. Sept. 22, 2023).
In July 2020, the insured filed a claim with West Bend for damage to…
The trial court's order granting the insured's motion to stay litigation and compel an appraisal was affirmed even though the insurer had not determined coverage on the insured's additional claims.Heritage Prop. & Cas. Ins. Co. v. Wellington Place HOA, 2023 Fla. App. LEXIS 6405 (Fla. Ct. App. Sept. 13, 2023).
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The district court denied Travelers' motion for summary judgment and granted the insureds' motion in part regarding replacement of roof tiles damaged in a hail storm. Bertisen v. Travelers Home & Marine Ins. Co., 2023 U.S. Dist. LEXIS 159649 (D. Colo. Sept. 8,2023).
On May 8, 2017, the insureds' home…
The insured's COVID-19 claim was dismissed under one policy, but survived a motion to dismiss under a second Restaurant Recovery Policy. Menchies Group, inc. v. Mass Bay Ins Co., 2023 U.S. Dist. LEXIS 153933 (S.D. N.Y. Aug. 31, 2023).
Menchies owned and operated frozen yogurt shops throughout the United States.
The lower court's decision finding no coverage based upon the governmental action exclusion was affirmed by the Appellate Court of Illinois. McCann Plumbing, Heating & Cooling v. Pekin Ins. Co., 2023 Ill.App. LEXIS 300 (Ill. App. Ct. Aug. 23, 2023).
McCann purchased a building to use for its heating, ventilation…
The First Circuit reversed the district court's granting of summary judgment to the insurer based upon a dispute over compliance with attending Examinations Under Oath. Philadelphia Indem. Ins. Co. v. BAS Holding Corp., 2023 U.S. App. LEXIS 21573 (1st Cir. Aug. 17, 2023).
An arsonist destroyed the State Building, a landmark…
The Hawaii Intermediate Court of Appeals reversed the trial court's grant of summary judgment to the health insurer, reinstating the insured's claims for bad faith and emotional distress. Groeger v. Kaiser Foundation Health Plan, Inc., 2023 Haw. App. LEXIS 308 (Haw. Ct. App. Aug. 29, 2023).
In March 2012, Christian…
