While the appellate court affirmed dismissal of a majority of the claims submitted by the Los Angeles Lakers for closure of the Staples Center and other properties due to COVID-19, a portion of their claims survived. L.A. Lakers v. Fed Ins. Co., 2022 U.S. Dist. LEXIS 31503 (C.D. Calif. March 17, 2022).
First Party Insurance
Water Damage Sub-Limit Includes Tear-Out Costs
By Tred R. Eyerly on
The Florida Court of Appeals affirmed the trial court's ruling that the homeowner policy's sub-limit for water damage included tear-out costs. Sec. First Ins. Co. v. Vazquez, 2022 Fla. App. LEXIS 1205 (Fla. Ct. App. Feb. 18, 2022).
A discharge of water from the cast iron pipes caused damage to…
Insured Survives Motion for Summary Judgment in Collapse Case
By Tred R. Eyerly on
The insurer's motion to exclude expert testimony and for summary judgment in a cases involving collapse was denied. Firehouse Church Ministries v. Church Mut. Ins. Co., 2022 U.S. Dist. LEXIS 53959 (D. Miss. March 25, 2022).
A roof truss, a framework supporting the roof, collapsed in the church. The cause…
Court Finds Coverage for Computer Fraud
By Tred R. Eyerly on
The court found that a fraudster's sending of an email was a "computer use" under the Computer Fraud Insuring Agreement (CFIA) of the policy. City of Unalaska v. Nat'l Union Fire Ins. Co., 2022 U.S. Dist. LEXIS 51387 (D. Alaska March 18, 2022).
The city of Unalaska received an email…
Attempt to Overrule Trial Court’s Order to Produce Underwriting Manual Fails
By Tred R. Eyerly on
After being ordered by the trial court to produce its underwriting manual, the insurer's writ of certiorari to quash the order was denied by the Florida Court of Appeals. People's Trust Ins. Co. v. Foster, 2022 Fla. App. LEXIS 542 (Fla. Ct. App. Jan. 26, 2022).
The insured sued after…
Appraisal Ordered After Carrier Finds Loss Even if Cause Disputed
By Tred R. Eyerly on
The court ordered an appraisal when the parties differed on the amount of loss to the dwelling even when the carrier contended the dispute was over the cause of the loss. Khaleel v Amguard Ins. Co., No. 21 C 992, Memorandum Opinion and Order (N.D. Ill. Feb. 11, 2022). The order…
Connecticut Supreme Court Rules Matching of Materials Decided by Appraisers
By Tred R. Eyerly on
The Connecticut Supreme Court determined that an appraisal panel could resolve whether the insurer must replace undamaged materials so that they match the damaged materials. Klass v. Liberty Mut. Ins. Co., 2022 Conn. LEXIS 2 (Conn. Jan. 11, 2022).
The insured reported damage to the roof of his home to…
Insured Survives COVID-19 Motion for Judgment on the Pleadings
By Tred R. Eyerly on
The insured's suit for business interruption survived a motion for partial judgment on the pleadings due to the policy's coverage for contamination. Live Nation Entertainment, Inc. v. Factory Mutual Ins. Co., No. LA CV 21-00862, Order (Feb. 3, 2022, C.D. Calif.). The minute order is here.
Live Nation alleged…
Appraisal May Include Cause of Loss Issues
By Tred R. Eyerly on
The federal district court determined that an appraisal can include causation issues when determining the amount of loss. B&D Inv. Grp., LLC v. Mid-Century Ins. Co., 2021 U.S. Dist. LEXIS 246853 (N.D. Ill. Dec. 28, 2021).
B&D commercial building was damaged by hail. B&D submitted a claim to Mid-Century, but…
Insurer Not Responsible for Insured’s Assignment of Policy Benefits
By Tred R. Eyerly on
The Florida Court of Appeals affirmed the lower court's granting summary judgment to the insurer after failing to abide by an assignment to which it was not a party. Expert Inspections, LLC v. United Property & Cas. Ins. Co., 2022 Fla. App. LEXIS 88 (Fla. Ct. App. Jan. 5, 2022).
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