A commentary on insurance coverage issues in Hawaii and beyond
Plaintiff's expert was excluded for never having seen the property. Wehman v. State Farm Fire and Casualty Co., 2015 U.S. Dist. LEXIS 117445 (D. N.J. Sept. 3, 2015).
Plaintiff's home was damaged by Superstorm Sandy on October 29, 2012. He reported his loss to State Farm on Octorber 25, 2013, claiming that…
The court considered the scope of testimony to be offered by the insureds' expert regarding a policy written for sanitation districts. Binghamton-Johnson City Joint Sewage Bd. v. Am. Alternative Ins. Corp., 2015 U.S. Dist. LEXIS 112210 (N.D. N.Y. Aug. 25, 2015).
The city of Binghamton and the city's Sewage Board sued American…
The policy's anti-concurrent causation clause blocked coverage for damage to the home caused by wind and flood. Clarke v. Travco Ins. Co., 2015 U.S. Dist. LEXIS 104267 (S.D.N.Y. Aug. 7, 2015).
The insured's home was located about twenty feet from the Hudson River. Hurricane Sandy caused the river to rise, creating damage…
The court ruled that the insured's claim for vandalism of his house by a renter and for bad faith survived the insurer's motion to dismiss. Wehrenberg v. Metro. Prop. & Cas. Ins. Co., 2015 U.S. Dist. LEXIS 103758 (W.D. Pa. Aug. 7, 2015).
The insured's home was insured by a homeowner's policy…
The court determined that the other insurance and loss payment provisions relieved the insurer of coverage obligations. Moroney Body Works, Inc. v. Central Ins. Co., 2015 Mass. App. LEXIS 97 (Aug. 6, 2015).
A fire destroyed Moroney's custom-built bookmobile that had just been completed. Moroney had two policies: a commercial property policy…
The insured's claim for loss based on theft and water leaks was not covered under the property policy. SJP Props. v. Mount Vernon Fire Ins. Co., 2015 U.S. Dist. LEXIS 97216 (E.D. Mo. July 27, 2015).
SJP Properties bought and sold foreclosed properties. On July 13, 2006, it purchased at a foreclosure…
The California Court of Appeal offered a primer in the appraisal process in reversing the trial court's confirmation of the appraisal award. Lee v. California Capital Ins. Co., 2015 Cal. App. LEXIS 530 (Cal. Ct. App. June 18, 2015).
A fire damaged an apartment building owned by the insured. The fire started…
The Seventh Circuit affirmed the district court's determination that cosmetic damage to the insured's roof was covered. Advance Cable Co., LLC v. Cincinnati Ins. Co., 788 F. 3d 743 (7th Cir. 2015).
The insured submitted a claim to its insurer, Cincinnati, for damage to the metal roof of its building caused by a…
A Builders Risk policy's ensuing loss exception to the exclusion for defective design was held inapplicable. Performing Arts Cmty. Improvement Dist. v. Ace Am. Ins. Co., 2015 U. S. Dist. LEXIS 71592 (W. D. Mo. June 3, 2015).
Plaintiff oversaw the design and construction of a parking garage. The project included installation…
The Ninth Circuit determined that a mudslide destroying the insureds' home may be covered as a direct loss due to fire that preceded the mudslide. Stankova v. Metro. Prop. & Cas. Ins. Co., 2015 U.S. App. LEXIS 8935 (9th Cir. May 29, 2015).
The insureds' garage was destroyed by a massive fire…
