A commentary on insurance coverage issues in Hawaii and beyond
The Minnesota Supreme Court held that the phrase "amount of loss" permits the appraiser to determine not only the cost but also the cause of the loss. Quade v. Secura Ins., 2012 Minn. LEXIS 244 (Minn. June 13, 2012).
The insureds suffered extensive damage to buildings on their farm due to a windstorm. They were…
An agent's potential liability for misrepresenting the status of the property's flood coverage was at issue in Witlowski v. Richard W. Endlar Ins. Agency, 2012 Mass. App. LEXIS 192 (Mass. Ct. App. May 29, 2012).
Plaintiff resided in the basement of a condominium unit. The condominium was located in a floodplain and designated…
The anti-concurrent clause in a homeowner's policy barred coverage for damage caused by hidden seepage. Boazova v. Safety Ins. Co., 2012 Mass. LEXIS 462 (Mass. May 29, 2012).
The insured had a concrete patio built along the rear wall of her house at a grade higher than the home's foundation. Years later…
Finding coverage under the ensuing loss provision, the Washington Supreme Court overruled a Court of Appeals decision we previously reported here. Vision One, LLC v. Philadelphia Indem. Ins. Co., 276 P.3d 300 (Wash. 2012).
Vision developed a condominium project. Before concrete was poured, a subcontractor supplied the shoring to temporarily support…
The Washington Supreme Court reversed the Court of Appeals' decision that the ensuing loss provision provided coverage for a deck that collapsed due to rot and decay. Sprague v. Safeco Ins. Co. of Am., 2012 Wash. LEXIS 375 (Wash. May 17, 2012). Our prior post on the Court of Appeals' decision is here…
The insured unsuccessfully attempted to get around the policy's anti-concurrent causation clause by arguing a covered cause of loss was a contributing factor. See Stor/Gard, Inc. v. Strathmore Ins. Co., 2012 U.S. Dist. LEXIS 63217 (D. Mass. May 4, 2012).
A building at the insured's storage facility was damaged when heavy rain caused a…
Although the insured recovered from her insurer for property damage caused by Hurricane Katrina, her claim for loss of personal property was denied because it was not timely submitted. See Williams v. Louisiana Citizens Fair Plan, 2012 La. App. LEXIS 599 (May 2, 2012).
After the hurricane struck, Louisiana Citizens paid the…
The court determined the vandalism exclusion barred coverage and that the ensuing loss provision was not applicable. See New London County Mut. Ins. Co. v. Zachem, 2012 Conn. Super. LEXIS 850 (Conn. Super. Ct. March 29, 2012).
A fire caused by an explosion occurred at the insured's property on September 11, 2008. The fire…
Tenants renting a house from the insured caused a fire by tapping into neighbor's electrical system to operate and conceal a marijuana crop. See Kochendorfer v. Metro. Prop. & Cas. Ins Co., 2012 U.S. Dist. LEXIS 51032 (W.D. Wash. April 11, 2012).
The insurer made an initial payment of $30,052.83 for the…
Coverage for damages resulting from faulty workmanship in the construction of an apartment complex was at issue in The Bartram, LLC v. Landmark Am. Ins. Co., 2012 U.S. Dist. LEXIS 44535 (N.D. Fla. March 30, 2012).
The owner of the apartments, Bartram, had primary coverage and three layers of excess coverage. Each contract…
