A commentary on insurance coverage issues in Hawaii and beyond
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…
In response to a certified question from the Ninth Circuit, the Washington Supreme Court recently found that collapse in a property policy means "substantial impairment of structural integrity." Queen Anne Park Homeowners Ass'n v. State Farm Fire & Cas. Co., 2015 Wash. LEXIS 695 (Wash. June 18, 2015).
Queen Anne Park…
The Sixth Circuit rejected the insurer's claim for reverse bad faith against its insured who made a fraudulent claim after her home was destroyed by fire. State Auto Property and Cas. Ins. Co. v. Hargis, 2015 U.S. App. LEXIS 7475 (6th Cir. April 23, 2015).
The insured's home burned to the ground…
While some of their claims were dismissed, plaintiffs' breach of fiduciary duty survived the insurer's motion to dismiss. Senft v. Fireman's Fund Ins. Co., 2015 U.S. Dist. LEXIS 61870 (D. N.J. May 12, 2015).
Plaintiffs' waterfront home was insured by Fireman's Fund. Plaintiffs alleged that the broker represented that the policy…
The Hawaii legislature passed a bill in its recently concluded session to protect homeowners and businesses affected by lava flows from losing coverage.
The Puna district on the Big Island was severely impacted by the Pu`u O`o lava flow as it crept closer to homes, businesses, schools and populated areas. Problems were created…
