A commentary on insurance coverage issues in Hawaii and beyond
The insured's recovery for flood damage was controlled by the policy's sub-limit. David S. Brown Enters. v. Affiliated FM Ins. Co., 2020 U.S. Dist. LEXIS 239208 (D. Md. Dec. 18, 2020).
Roughly 6.6 inches of rain fell in Ellicott City, Maryland, causing extensive flooding. During the storm, a water main…
The policy's earth movement exclusion barred coverage for the home damaged by large boulders rolling down from the hillside above. Sullivan v. Nationwide Affinity Ins. Co. of Am., 2021 U.S. App. LEZXIS 628 (10th Cir Jan. 11, 2021).
Plaintiffs' home sustained extensive damage when two or three large builders rolled…
The Oklahoma trial court granted partial summary judgment to the Cherokee Nation for its business interruption claim due to the mandated closure of its casinos. Cherokee Nation, et al v. Lexington Ins. Co., et al., Case No. CV-10-150, Order Granting Summary Judgment (Okla. Dist. Ct. Jan. 28, 2021). The decision is here…
While the court found no allegations of direct physical loss in a claim arising from COVID-19, the insured survived a motion to dismiss based upon its expectation of coverage. Humans & Res. v. Firstline Nat'l Ins. Co., 2021 U.S. Dist. LEXIS 3998 (E.D. Pa. Jan. 8, 2021).
The insured owned…
A Superior Court in California overruled the insurer’s demurrer to the policy holder’s complaint seeking business interruption coverage after government shutdown orders were issued because of the coronavirus pandemic. Goodwill Industries of Orange County, California v. Philadelphia Indemnity Ins. Co., Cal. Superior Ct., Civil No. 30-2020-01169032-CU-IC-CXC (Minute Order Jan. 28,, 2021). The…
Summary judgment was awarded to the insureds on their business interruption claim due to governmental closures during the COVID-19 pandemic. Henderson Rd. Rest. Sys. v. Zurich Am. Ins. Co., 2021 U.S. Dist. LEXIS 9521 (N.D. Ohio, Jan. 19, 2021).
Plaintiffs owned restaurants in several states. In the spring of 2020…
The court denied the insurer's motion to dismiss a preschool's claim for business interruption due to COVID-19. An endorsement provided coverage for shutdowns by order or recommendation of government authorities due to a communicable disease. Baldwin Acad., Inc. v. Markel Ins. Co., 2020 U.S. Dist. LEXIS 239916 (S.D. Calif. Dec. 21, 2020). …
The court found there was no coverage for the property management company after a fraudster sent a false email with wiring instructions, causing a loss of $200,000. Ernst & Haas Mgmt. Co. v. Hiscox, Inc., 2020 U.S. Dist. LEXIS 218379 (C.D. Calif. Nov. 5, 2020).
Ernst & Haas (E&H) employee…
The federal district court in Virginia denied the insurer's motion to dismiss the insured's claim for losses due to COVID-19. Elegant Massage, LLC v. State Farm Mut. Auto. Ins. Co., 2020 U.S. Dist. LEXIS 231935 (E.D. Va. Dec. 9, 2020).
Elegant Massage owned and operated its business providing therapeutic massages.
Damage to a building caused by the break of a water pipe was not a collapse under the policy. Naabani Twin Stars v. Travelers Cos., 2020 U.S. Dist. LEXIS 196443 (D. N. M. Oct. 22, 2020).
An underground water line ruptured on plaintiffs property This caused a collapse under the…
