A commentary on insurance coverage issues in Hawaii and beyond
The Tenth Circuit determined that the Colorado Supreme Court would agree with other state courts that appraisers can decide the causation of a loss. Bonbeck Parker, LLC v. The Travelers Indem. Co. of Am., 2021 U.S. App. LEXIS 29607 (10th Cir. Oct. 1, 2021).
A hailstorm damaged three buildings owned…
Determining that government shutdown orders during the pandemic were a physical cause of loss and finding the virus exclusion ambiguous, the court denied the insurer's motion to dismiss. Risinger Holdings v. Sentinel Ins. Co., 2021 U.S. Dist. LEXIS 192474 (D. E.D. Texas Sept. 30, 2021).
Risinger owed several orthodontic practices. It held a policy…
The Illinois Supreme Court determined that a homeowner insurer may not depreciate labor costs in calculating actual cash value (ACV) after a loss under the policy. Sproull v. State Farm Fire and Casualty Co., 2021 Ill. LEXIS 619 (Ill. Sept. 23, 2021).
Plaintiff was insured under a homeowner's policy that…
The court determined that the insured's policy did not cover the theft of funds orchestrated by instructions from fraudsters. Star Title Partners of Palm Harbor, LLC v. Illinois Union Ins. Co., 2021 U.S. Dist. LEXIS 193001 (M.D. Fla. Sept. 1, 2021).
Star Title was a title company retained by Neil…
Interpreting Montana law, the federal district court found that the policy's anti-concurrent causation clause prevented coverage for the insured's damaged home. Ward v. Safeco Ins. Co. of Am., 2021 U.S. Dist. LEXIS 149051 (D. Mont. Aug. 9, 2021).
Plaintiff was advised by her tenants that water was bubbling up from…
The federal district court denied the insurer's motion for summary judgment to dismiss the restaurant's business interruption claim because expert testimony created a factual issue on whether COVID virus particles had actually contaminated the insured's property. K.C. Hopps v. Cincinnati Ins. Co., 2021 U.S. Dist. LEXIS 179633 (W.D. Mo. Sept. 21, 2021).…
The court granted the insurer's motion for judgment on the pleadings, in part, but left the door open for the insured to pursue claims under two provisions in the policy. Monarch Casino & Resort v. Affiliated FM Ins. Co., 2021 U.S. Dist. LEXIS 179812 (D. Colo. Sept. 17, 2021).
Monarch…
The insurer's motion to dismiss based upon the policy's forum selection provision was denied. Oak Haven Mgmt., LLC v. Starr Surplus Lines Ins. Co., 2021 U.S. Dist. LEXIS 171611 (W.D. La. Sept. 9, 2021).
The insured retirement home suffered property damage from Hurricane Laura and Hurricane Delta. After disagreements with…
The Eighth Circuit affirmed the district court's finding of bad faith and award to the insured of taxable costs and prejudgment interest. Selective Ins. Co. v. Sela, 2021 U.S. App. LEXIS 26062 (8th Cir. Aug. 30, 2021).
The insured suffered two hail storms that damaged his home. In 2010, the…
While the insured failed to demonstrate direct physical loss, Crisis Event coverage was still possible. SJP Investment Partners LLC v. Cincinnati Insurance Company, 2021 U.S. Dist. LEXIS 162612 (N.D. Ala. Aug. 27, 2021).
The insured owned a hotel in Birmingham. The state's public health orders limited operations and caused temporarily…
