A commentary on insurance coverage issues in Hawaii and beyond
The Connecticut Supreme Court determined that the insured's homeowner's policy did not cover liability for injury to her house guests caused by a car left running overnight in the attached garage. See New London County Mut. Ins. Co. v. Nantes, 2012 Conn. LEXIS 62 (Conn. Feb. 21, 2012).
The insured had two…
Whether an appraisal award could be confirmed as an arbitration award considered by the Florida Court of Appeal in State Farm Florida Ins. Co. v. Gonzalez, 76 So. 3d 34 (Fla. Ct. App. 2011).
The insureds' home was damaged by a hurricane in 2005. State Farm acknowledged there was a covered loss, but…
The court agreed with the insurer that the litigation should be abated during the appraisal for damage caused by Hurricane Ike. See United Neurology, P.A. v. Hartford Lloyd's Ins. Co., 2012 U.S. Dist. LEXIS 15675 (Feb. 8, 2012).
Harford invoked the appraisal process, which was required under the policy if the parties failed…
The shopping mall owner, Bender Square Partners, sought to recover from the insurer for losses resulting from Hurricane Ike to property it had leased to PNS Stores, Inc. Bender Square Partners v. Factory Mut. Ins. Co., 2012 U.S. Dist. LEXIS 8095 (S.D. Texas Jan. 24, 2012). It turned out Bender was not an…
If a condominium owner suffers damage caused by a leak from another unit, may it sue the insurer for the Association of Apartment Owner (AOAO) for coverage? The federal district court for Hawaii said "no" in a decision by Judge Mollway. See Peters v. Lexington Ins. Co., 2011 U.S. Dist. LEXIS 148734 (D.
Although the Nevada Supreme Court adopted the efficient proximate cause doctrine, it determined it did not apply to salvage coverage under an all-risk policy for a rain-damaged building. Fourth Street Place, LLC v. The Travelers Indemn. Co., 2011 Nev LEXIS 114 (Nev. Dec. 29, 2011).
Fourth Street owned an office building which was…
When only a portion of a hotel was closed after damage was caused by Hurricane Ike, the court determined there was no coverage for business interruption. H&H Hospitality LLC v. Discovery Specialty Ins. Co., 2011 U.S. Dist. LEXIS 146055 (S.D. Texas Dec. 20, 2011).
Strong hurricane winds caused damage to the hotel…
Relying on the efficient proximate cause doctrine, the court determined coverage potentially existed for damage caused by water. Union Sav. Bank v. Allstate Indem. Co., 2011 U.S. Dist. LEXIS 134398 (S.D. Ind. Nov. 21, 2011).
The Tods purchased property that was mortgaged by Union Savings. The Tods obtained a Landlords Policy for…
In perhaps its most significant insurance coverage decision since Young v. Allstate, 119 Haw. 403, 198 P.3d 666 (2008), the Hawaii Supreme Court ruled that an insured need not prove economic or physical loss caused by the insurer's bad faith in order to recover emotional distress damages. See Miller v. Hartford Life Ins. Co.…
Landmark American Insurance Company successfully moved to dismiss four of the insured's six counts. Landmark Am Ins. Co. v. Studio Imports, Ltd., Inc., Nos. 4D10-5001 and 4D10-5073 (Fla. Dist. Ct. App. Nov. 16, 2011). The trial court did not dismiss the breach of contract claim and the bad faith claim. Because both claims…
