A commentary on insurance coverage issues in Hawaii and beyond
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…
After the insurer denied coverage in a homeowner's policy for construction defects under various exclusions, the court found the ensuing loss provision was ambiguous. Kesling v. Am. Family Mut. Ins. Co., 2012 U.S. Dist. LEXIS 38857 (D. Colo. March 22, 2012).
After purchasing a home from the sellers, the insureds noticed problems with the…
The insurer's attempt to reject a claim due to inconsistent positions taken by the insured in two different matters failed in Rice v. Certain Underwriters at Lloyds, 2012, U.S. Dist. LEXIS 36445 (S.D. Tex. March 19, 2012).
The insured's home was damaged in 2008 during Hurricane Ike. The insured submitted a claim to Lloyds, but…
The court considered whether damages to the plaintiffs' home caused by Chinese drywall were covered under their homeowners policy. Dupuy v. USAA Cas. Ins. Co., 2012 U.S. Dist. LEXIS 31890 (M.D. La. March 9, 2012).
The plaintiffs' complaint alleged that the Chinese drywall "emits odorous gases that cause damage to air-conditioner and…
