A commentary on insurance coverage issues in Hawaii and beyond
After denying Society Insurance's motions to dismiss business interruption claims, the court rejected Society's motion to certify the order for an interlocutory appeal under 28 U.S.C. Sec. 1292 (b). In re Soc'y Ins. Co. COVID-19 Bus. Interruption Protection Insurance Litigation, 2021 U.S. Dist. LEXIS 111217 (N.D. Ill. June 15, 2021).
Plaintiffs…
The court granted the insured's motion for partial summary judgment, allowing an appraisal to go forward even with outstanding coverage issues in dispute. DC Plastic Products Corp. v. Westchester Surplus Lines Ins. Co., 2021 U,.S. Dist. LEXIS 95908 (D. N.J. May 19, 2021).
DC Plastic's property was damaged by Superstorm…
The insured successfully alleged that the presence of virus particles in its gym constituted a loss, allowing it to survive the insurer's Motion to Dismiss the business interruption claims. Brown's Gym, Inc. v. The Cincinnati Ins. Co., No. 20-3113 (Pa. Ct. Cm Pl. July 13, 2021).
The insured contended that…
In what appears be the first federal appellate decision on COVID-19 business interruption claims, the Eighth Circuit affirmed the district court's dismissal of the insured's claim based upon closure due to the pandemic. Oral Surgeons, P.C. v. Cincinnati Ins. Co., 2021 U.S. App. LEXIS 19775 (8th Cir. July 2, 2021).
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The Rhode Island Superior Court denied the insurer's motion to dismiss a claim under Civil Authority coverage related to closures of business due to COVID-19. Atwells Realty Corp. v. Scottsdale Ins. Co., 2021 R.I. Super. LEXIS 40 (R.I. Super. Ct. June 4, 2021).
Atwells operated a nightclub. Executive Orders issued…
The insurer's motion for summary judgment seeking a determination that the insured's alleged hurricane damage was due to pre-existing loss was rejected by the court. Exhibit Network Int'l v. Union Ins. Co., 2021 U.S. Dist. LEXIS 114267 (S.D. Texas May 25, 2021).
The insured alleged that wind and rain from…
The mortgagor homeowners survived a motion to dismiss their claim for coverageunder the lender's property policy after their home suffered hurricane damage. Gary v. Am. Sec. Ins. Co., 2021 U.S. Dist. LEXIS 100010 (W.D. La. May 26, 2021).
Plaintiffs' home was mortgaged by Pennymac Loan Services, LLC. Pennymac held a…
The insured furniture retailer survived a motion to dismiss its business interruption claim after government orders caused disruption of the insured's operations due to COVID-19. Susan Spath Hegedus v. Ace Fire Underwriters Ins. Co., 2021 U.S. Dist. LEXIS 88041 (E.D. Pa. May 7, 2021).
Plaintiff operated two locations in California.
Plaintiffs successfully argued against a motion to dismiss by alleging COVID-19 was present on their premises and required repairs and alterations to their properties. Legacy Sports Barbershop LLC v. Cont'l Cas. Co., 2021 U.S. Dist. LEXIS 102545 (N. D. Ill. June 1, 2021).
Plaintiffs operated a barbershop, barbering school and…
The Fifth Circuit affirmed the district court's dismissal of the insured's claim for damage to her home caused by collapse. Stewart v. Metropolitan Lloyds Ins. Co. of Texas, 2021 U.S. App. LEXIS 14221 (5th Girl May 13, 2021).
One evening, the insured was awakened by a loud bang that shook…
