A commentary on insurance coverage issues in Hawaii and beyond
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…
In addressing a certified question from the Eleventh Circuit, the Florida Supreme Court found that an insurer may not rely upon extrinsic evidence to salvage ambiguities in a policy. Wash. Nat'l Ins. Corp. v. Ruderman, 2013 Fla. LEXIS 1388 (Fla. July 3, 2013).
The case arose as a class suit against Washington…
The West Virginia Supreme Court of Appeals affirmed the dismissal of plaintiffs' bad faith claim because they were not insureds under the policy. Triad Insulation, Inc. v. Nationwide Mut. Fire Ins. Co., 2013 W.Va. LEXIS 768 (W. Va. June 24, 2013).
Triad Insulation was the sole named insured under a commercial…
The court agreed with State Farm that the insureds' request for an appraisal made after the statute of limitations had run was too late. Stolz v. State Farm Fire and Cas. Co., 2013 U.S. Dist. LEXIS 86834 (S.D. Miss. June 20, 2013).
The insureds' property sustained damage from Hurricane Katrina. State Farm…
Exclusions in the plaintiffs' policy barred coverage for loss caused by heavy rain storms. Emsbo v. Fireman's Fund Ins. Co., 2013 U.S. Dist. LEXIS 86072 (D. R.I. June 19, 2013).
Torrential rain and historic flooding was experienced in Rhode Island in March 2010. The heavy rains over-flowed plaintiffs' rain gutters and flooded…
Plaintiff sued her adjuster in state court after Hurricane Sandy caused flood damage to her home. Plaintiff alleged her insurance company paid her too much money based upon the adjusters' fradulent conduct. After defendants removed the case to federal court, the court granted plaintiff's motion to remand to state court. Brooks v. Foglio…
The Maine Supreme Court found a homeowner's policy did not cover damages for loss of investment, undisclosed physical problems with the property, and emotional distress. Langevin v. Allstate Ins. Co., 2013 LEXIS Me 54 (Me. June 4, 2013).
The underlying plaintiffs sued the insured after purchasing his home for $315,000. The insured…
The court rejected the insured's argument that there was coverage for the collapse of a building caused by water leakage (a covered peril) and landslide (an uncovered peril). Stor/Gard, Inc. v. Strathmore Ins. Co., 2013 U.S. LEXIS App. 11015 (1st Cir. May 31, 2013).
A severe rain storm caused soil to slide…
Despite its application stating otherwise, the insured's failure to install a sprinkler system in its building barred coverage for extensive damage caused by fire. American Way Cellular, Inc. v. Travelers Prop. Cas. Co. of Am., 2013 Cal. App. LEXIS 425 (Cal. Ct. App. May 30, 2013).
American Way contacted a broker, A&J…
