After issuing the insureds' summary judgment motion that COVID-19 invasion of the insureds' property constituted "direct physical loss or damage to property," the New Hampshire Superior Court granted the insurers' motion for an interlocutory appeal. Schleicher & Stebbins Hotels, LLC, et al. v. Starr Surplus Lines Ins Co, et al., No. 217-2020-CV-000309
First Party Insurance
Insureds Suit Fails by Suing Wrong Insurance Company
By Tred R. Eyerly on
The Ninth Circuit affirmed the district court's granting summary judgment to the insurer who did not issue the policy to the insureds. Steinhauer v. Liberty Mut. Ins. Co., 2021 U.S. App. 35457 (9th Cir. Dec. 1, 2021).
Sherrell and Joanne Steinhauser had a homeowner's policy issued by Liberty Insurance Corporation. The…
Motion to Strike Insurer’s New Argument Granted
By Tred R. Eyerly on
The court granted a motion to strike the insurer's new argument that the insured had made misrepresentations in its application for the policy. Great Lakes Ins. v. Gray Group Inves., LLC, 2021 U,S. Dist. LEXIS 243929 (E.D. La Dec. 22, 2021).
Gray Group sought coverage for its yacht, HELLO DOLLY…
Summary Judgment Granted to Insurer for Hurricane Damage
By Tred R. Eyerly on
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…
New York Court Denies Injunction to Prevent Out-of-State Suit
By Tred R. Eyerly on
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…
Insurer’s Motion for Summary Judgment on COVID-19 Claim Denied, Case Set for Trial
By Tred R. Eyerly on
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).
…
Issues of Fact Prevent Insurer’s Summary Judgment Motion in Collapse Case
By Tred R. Eyerly on
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…
Insurer’s Motion to Dismiss Business Interruption, COVID-19 Claims Under Pollution Policy Fails
By Tred R. Eyerly on
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…
California Court of Appeal Shoots Down COVID-19 Business Interruption Claim
By Tred R. Eyerly on
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…
Prejudice to Insurer After Late Notice of Hurricane Damage Raises Issue of Fact
By Tred R. Eyerly on
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…