A commentary on insurance coverage issues in Hawaii and beyond
The insurer's motion for summary judgment, contending there was no coverage for hurricane damage, was granted. Laurence v. Liberty Ins. Corp., 2021 U.S. Dist. LEXIS 227807 (S.D. Texas Nov. 29, 2021).
When Hurricane Harvey hit, Mike Laurence held a homeowner's policy from Liberty Insurance Corporation and a contractor policy for…
The Appellate Division of the Supreme Court refused to grant an injunction to the insurer to prevent a pending suit in Washington state. North Am. Elite Ins. Co. v. Space Needle, LLC, 2021 N.Y. LEXIS 6792(N.Y. App. Div. Dec. 2, 2021).
In 2019 Seattle based Space Needle, LLC procured a…
The Ohio Court of Common Pleas granted the insured's motion for summary judgment, denied the insurer's motion for summary judgment and and set the COVID-19, business interruption case for trial on damages. McKinley Dev. Leasing Co. v. Westfield Ins. Co., 2021 Ohio Misc. LEXIS 885 (Ohio Ct. Pleas Nov. 14, 2021).
…
The insurer's effort to dismiss the insured's collapse case by motion for summary judgment failed. Bitters v. Nationwide Gen. Ins. Co., 2021 U.S. Dist. LEXIS 228523 (E.D. Pa. Nov. 30, 2021).
The insured alleged that there was a "sudden and accidental direct physical loss" to his home caused by collapse…
The insurer was unsuccessful in seeking to dismiss business interruption claims due to COVID-19 under a pollution policy. New York Botanical Garden v. Allied World Assur., 2021 N.Y. Misc. LEXIS 6012 (N.Y. Sup. Ct. Oct.15, 2021).
The insured was forced to cease operations after executive orders by the governor and…
The California Court of Appeal affirmed the trial court's dismissal of the insured's business interruption claim based upon COVID-19 government shutdown orders. The Inns by the Sea v. California Mut. Ins. Co., 2021 Cal. App. LEXIS 956 (Calif. Ct. App. Nov. 15, 2021). The Inns is the first state appellate court decision…
The court denied the insurer's motion for summary judgment on admittedly late notice because prejudice to the insured remained an issue of fact. Guzman v. Scottsdale Ins. Co., 2021 U.S. Dist. LEXIS 219625 (S.D. Fla. Nov. 15, 2021).
The insured first noticed water leaking into his kitchen from the roof during Hurricane…
The insurer's motion for summary judgment was granted based upon the insured's late notice nearly two years after a hurricane caused property damage. Ramirez v. Scottsdale Ins. Co., 2021 U.S. Dist. LEXIS 209716 (S.D. Fla. Oct. 29, 2021).
Plaintiff alleged he suffered property loss due to wind and water damage…
The insurer was unsuccessful in moving for summary judgment on the insured's claim for loss of business income and civil authority coverage due to losses caused by two hurricanes. Townsley v. Ohio Security Ins. Co., 2021 U.S. Dist. LEXIS 202698 (W.D. La. Oct. 20, 2021).
Hurricane Laura struck southeast Louisiana…
The insurer's motion for summary judgment to dismiss the claim because the insurer did not provide notice "as soon as practicable" was denied. Vintage Hospitality Group LLC v. Nat'l Trust Ins. Co., 2021 U.S. Dist. LEXIS 192651 (M.D. Ga. Oct. 6, 2021).
Vintage owned hotels, one of which was…
