A commentary on insurance coverage issues in Hawaii and beyond
The insurer's attempt to dismiss the insured's multi-count complaint for failure to provide full coverage for flood damage failed. Ragusa Corp. v. Standard Fire Ins. Co., 2014 U.S. Dist. LEXIS 40812 (D. Conn. March 27, 2014).
The insureds' house suffered significant damage due to flood associated with Hurricane Irene. The insureds submitted…
The court found coverage for damage resulting from faulty workmanship. Drury Co. v. Mo. United Sch. Ins. Counsel, 2014 Mo. App. LEXIS 319 (Mo. Ct. App. March 25, 2014).
The School District entered a contract with general contractor, Penzel Construction Company, Inc., to build an addition to a high school. Under the…
The Tenth Circuit reversed a district court's determination that untimely notice of the loss was prejudicial, eliminating the insurer's coverage obligations. B.S.C. Holding, Inc. v. Lexington Ins. Co., 2014 U.S. App. LEXIS 4492 (10th Cir. March 11, 2014).
In January 2008, the insured's employees detected an inflow of water in a…
The broker's motion for summary judgment, seeking to dismiss negligence claims for failure to obtain adequate coverage, was denied by the court in Voss v. The Netherlands Ins. Co., 2014 N.Y. LEXIS 384 (N.Y. Ct. App. Feb. 25, 2014).
The insured met with a representative of CH Insurance Brokerage Services Co., Inc. (CHI)…
The insured's claim for contingent business interruption ("CBI") coverage was denied in Millennium Inorganic Chemicals Ltd. v. Nat. Union Fire Ins. Co. of Pittsburgh Pa., 2014 U.S. App. LEXIS 3096 (4th Cir. Feb. 20, 2014).
Millenium processed titanium dioxide, a compound used for its white pigmentation, at its plant in Western Australia.
The New York Court of Appeals determined that a two year period for obtaining replacement costs for damage to property was unenforceable where the property could not be reasonably replaced in two years. Executive Plaza, LLC v. Peerless Ins. Co., 2014 WL 551251 (N.Y. Ct. App. Feb. 13, 2014).
Plaintiff's office building…
The insureds attempt to secure coverage for ensuing losses after foundation damage was properly denied by the insurer. Walker v. Nationwide Prop. & Cas. Ins. Co., 2014 U.S. Dist. LEXIS 6683 (W.D. Tex. Jan. 6, 2014).
Two provisions excluding coverage under Nationwide's homeowner's policy were key to the court's decision. Exclusion 3…
The insured's bad faith claim based upon the insurer's alleged use of an independent contractor to assess the amount of loss in order to lower the amount paid survived a motion to dismiss. Williamson v. Chubb Indem. Ins. Co., 2013 U.S. Dist. LEXIS 178022 (E.D. Pa. Dec. 19, 2013).
The insureds' home…
Issues of fact surrounding the applicability of various exclusions prevented the insurer from securing summary judgment on claims for water damage. Babai v. Allstate Ins. Co., 2013 U.S. Dist. LEXIS 175336 (W.D. Wash. Dec. 13, 2013).
The insured noticed water damage to various areas of her home during remodeling. Allstate denied the…
The Arkansas Supreme Court was asked a certified question by the federal district court: In determining the "actual cash value" of a covered loss, may the insurer depreciate the costs of labor when the term "actual cash value" is not defined in the policy? Adams v. Cameron Mut. Ins. Co., 2013 Ark. LEXIS…
