A commentary on insurance coverage issues in Hawaii and beyond
The Seventh Circuit found "replacement cost" proceeds were still payable after the insured's sale of damaged property in its unrepaired state. Edgewood Manor Apt. Homes LLC v. RSUI Indem. Co., 2013 U.S. App. LEXIS 21939 (7th Cir. Oct. 25, 2013).
Edgewood Manor Associates, Ltd. owned an apartment complex in Gulfport, Mississippi that…
The California Court of Appeals affirmed the trial court's denial of a motion to compel an appraisal in the midst of a suit filed after the insureds' property was destroyed by fire. Alexander v. Farmers Ins. Co., Inc., 219 Cal. App. 4th 1183 (Cal. Ct. App. Sept. 23, 2013).
The insureds held…
The Florida Court of Appeals remanded the case after the insured was awarded an $8 million dollar judgment against its property insurer for hurricane and other damage to a home. Am. Home Assur. Co. v. Sebo, 2013 Fla. App. LEXIS 14799 (Fla. Ct. App. Sept. 18, 2013).
Sebo purchased his home in…
Claims that an insurance broker misrepresented coverage survived a motion to dismiss in a case decided by the New Jersey federal district court. Danho v. Fidelity Nat. Indemn. Ins. Co., Civil Action No. 2:13-CV-04547 (D. N.J. Sept. 25, 2013).
The insured's home was covered under a flood policy issued by and through…
The court determined that the policy's ensuing loss provision prevented the insurer's motion for summary judgment on coverage for repair of an elevator. Lloyd's Acceptance Corp. v. Affiliated FM Ins. Co., 2013 U.S. Dist. LEXIS 130405 (E.D. Mo. Sept. 12, 2013).
The insured managed an apartment building with four passenger elevators. After…
The California Supreme Court determined that insurance practices violating the state's Unfair Insurance Practices Act (UIPA) could support a claim under the state's unfair competition law (UCL). Zhang v. Superior Court, 57 Cal. 4th 353 (2013).
Zhang purchased a CGL policy from California Capital Insurance Company. She sued California Capital in a…
The Hawaii Intermediate Court of Appeals overruled the trial court's award of summary judgment to Hawaii Medical Service Association ("HMSA") on bad faith and emotional distress claims, and remanded the case for further proceedings. Adams v. Hawaii Medical Serv. Ass'n., No. 30314, Summary Disposition Order (Haw. Ct. App. Sept. 30, 2013) [here…
The California Court of Appeal considered whether the insured building owner could recover for lost rent, even though it did not have a tenant, after its building was vandalized. Ventura Kester, LLC v. Folksamerica Reinsurance Co., 2013 Ca. Ct. App. LEXIS 723 (Cal. Ct. App. Sept. 11, 2013)
Ventura owned a commercial building. Its…
The insurer's motion for summary judgment to deny coverage for the homeowners' fuel oil leak was rejected based upon the policy's ensuing loss provision. Estate of Konell v. Allied Prop. & Cas. Ins. Co., 2013 U.S. Dist. LEXIS 101081 (D. Ore. July 19, 2013).
The insured argued that a windstorm caused a…
The Court found coverage was properly denied due to the insured's failure to strictly comply with the requirements of the National Flood Insurance Act. Hughes v. Am. Nat'l Prop. & Cas. Co., 2013 U.S. Dist. LEXIS 99071 (E.D. La. July 16, 2013).
The insured's home was damaged by Tropical Storm Lee in September…
