The Ninth Circuit asked the California Supreme Court to address whether the policy's virus exclusion was enforceable to preclude coverage for business income losses due to the present of COVID-19 at the insured's properties. French Laundry Partners LP v. Hartford Fire Ins. Co., 2023 U.S. App. LEXIS 2845 (9th Cir. Feb. 6
First Party Insurance
Insurer’s Communications with In-House Counsel Not Privileged and Not To Be Sealed
By Tred R. Eyerly on
In a case involving the sealing of records generated by an insurance company, the Hawaii Intermediate Court of Appeals found that communications between the insurer and its in-house counsel were not privileged and should not be sealed. Roy v. Government Employees Ins. Co., 2023 Haw. App. LEXIS 13 (Haw. Ct. App. Jan.
Insurer Ordered to Participate in Appraisal
By Tred R. Eyerly on
The court found that the insured's request for an appraisal was timely and ordered the insurer to participate. Cloisters of Naples, Inc v. Landmark Am. Ins. Co., 2023 U.S. Dist. LEXIS 6884 (M.D. Flag. Jan. 13, 2023).
A hurricane damaged Cloisters, a condominium. Cloisters made a claim under its commercial…
Hurricane Damage Not Covered for Home Owner Not Named in Policy
By Tred R. Eyerly on
The court granted the insurer's motion to dismiss because, although there was coverage for the property under the mortgagee's policy, the home owner was not a named or additional insured under the policy. Cart v. Great Am. Assur. Co., 2023 U.S. Dist. LEXIS 6207 (W.D. La. Jan. 12, 2023).
Plaintiffs'…
Court Denies Insured’s Motion to Dismiss Complaint Seeking to Compel Appraisal
By Tred R. Eyerly on
The court denied the insured's motion to dismiss after the insurer filed suit to compel an appraisal. Allied Trust Ins. Co. v. Tsang, 2023 U.S. Dist. LEXIS 352 (E.D. La. Jan. 3, 2023).
The insureds reported damage to their property arising from Hurricane Ida. The insurer, Allied Trust, investigated and…
California Court of Appeals Reverses Denial of COVID-19 Claim Based on Virus-Specific Endorsement
By Tred R. Eyerly on
The California Court of Appeal reversed the trial court's grant of the insurer's demurrer on a COVID-19 claim and remanded the case for further proceedings. John's Grill v. Hartford Fin. Servs. Group, 2022 Cal. App. LEXIS 1056 (Cal. Ct. App. Dec. 27, 2022).
John's Grill had two insurers, Hartford and…
Contrasting Expert Opinions Result in Denial of Cross Motions for Summary Judgment
By Tred R. Eyerly on
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…
Ninth Circuit Certifies Question to California Supreme Court on COVID-19 Claim
By Tred R. Eyerly on
The Ninth Circuit certified a question to the California Supreme Court asking whether the presence of COVID-19 constitutes "direct physical loss to property.'" Another Planet Entertainment, LLC v. Vigilant Ins. Co., 2022 U.S. App. LEXIS 35763 (9th Cir. Dec. 28, 2022).
Another Planet was an event promoter and venue operator…
Court Orders Limited Discovery Before Ruling on Insurers’ Motions to Dismiss COVID-19 Claims
By Tred R. Eyerly on
Conceding it was an unusual step, the federal district court ordered that limited discovery take place before ruling on the insurers' motions to dismiss the insureds' business interruption claims due to COVID-19. Philadelphia Eagles Limited Partnership v. Factory Mut. Ins. Co., 2022 U.S. Dist. LEXIS 225729 (E.D. Pa. Dec. 15, 2022).
…
California Court of Appeal Again Reverses Dismissal of COVID-19, Business Interruption Claim
By Tred R. Eyerly on
Consistent with its prior decision in Marina Pacific Hotel and Suites, LLC v. Fireman's Fund Ins. Co., 81 Cal. App. 5th 96 (2022), the California Court of Appeal again reversed the lower court's dismissal by demurrer of the insured's business interruption claim due to the presence of COVID-19. Shusha, Inc. v. Century-Nat'l …