A commentary on insurance coverage issues in Hawaii and beyond
The insurer's challenge to an appraisal award was rejected by the federal district court. Bogaerts v. State Farm Fire and Cas. Co., 2025 U.S. Dist. LEXIS 102170 (E.D. Mich. May 29, 2025).
The plaintiffs' home was destroyed by fire. State Farm was notified of the loss and after an inspection…
The court denied the insurer's motion to strike the insureds' expert witnesses, and denied the insurer's motion to dismiss claims under the Texas fair claims settlement act. Gerstman v. Crestbrook Ins. Co., 2025 U.S. Dist. LEXIS 108705 (N.D. Tex. Jun 9, 2025).
The insureds' property suffered damage when, during a…
The court granted the insurer's motion for summary judgment agreeing that the "increased Cost of Construction" provision limited the amount the appraisers could award. Bigfoot Co-Op A, Inc. v. Nationwide Mut. Ins. Co., Case No. 3:24-cv-00022-SMR-WPK (S.D Iowa April 21, 2025).
A hailstorm damaged five apartment buildings owned by insured…
The Fifth Circuit affirmed the district court's grant of summary judgment to the insurer despite the insured's claim it was not adequately compensated for its loss. In the Matter of New York Inn, Inc., 2025 U.S. App. LEXIS 7887 (5th Cir. April 3, 2025).
Viva Inn Motel submitted a claim…
The court denied cross-motions from the insured and the insurer after the insured's dwelling suffered a collapse of the ceiling. Simons v. Fed. Ins. Co., 2025 U.S. Dist. LEXIS 75839 (C.D. Cal. March 4, 2025).
Gary Simons bought a second home located in Park City, Utah (Utah Property) that was…
Faced with a motion for judgment on the pleadings filed by several of its insurers, the insured was successful in arguing that the Loss of Attraction endorsement in one insurer's policy allowed the insured to pursue losses suffered by its businesses due to COVID-19. BBX Capital Corp. v. Scottsdale Ins. Co., et …
The federal district court denied the insurer's motion to dismiss even though the plaintiff was not named in the policy. Viccellio v. Foremost Pro. & Cas. Ins. Co., 2025 U.S Dist. LEXIS 61590 (M.D. La. March 31, 2025).
Plaintiff's residence sustained damage from Hurricane Ida. Plaintiff timely notified the insurer…
The insurer's motion for summary judgment to dismiss the insured's complaint challenging the use of Xactimate to determine the repair costs for fire damage was granted. Belotti v. State Farm Fire & Cas. Co., 2025 U.S. Dist. LEXIS 54471 (M.D. Pa. March 25, 2025).
Plaintiffs' home was damaged by fire.
In answering a certified question from the Ninth Circuit, the Alaska Supreme Court determined that an insured could reasonably expect coverage for injuries resulting form exposure to carbon monoxide from an improperly installed home applicance.
Josiah Wheeler rented a cabin owned by Deborah Overly and Terry Summers. While living in the…
The Eighth Circuit affirmed the district's granting of summary judgment to the insurer, finding that the exclusion for faulty workmanship was applicable despite the ensuing loss provision. Bob Robinson Commercial Flooring Inc. v. RLI Ins. Co., 2025 U.S. App. LEXIS 6369 (8th Cir. March 19, 2025).
The general contractor hired…
