A commentary on insurance coverage issues in Hawaii and beyond
Although the insurer contended the Texas Supreme Court had previously decided that mold was never covered under a homeowner's policy, the Court found coverage for mold damage to personal property in State Farm Lloyds v. Page, 2010 Tex. LEXIS 415 (Tex. June 22, 2010).
The insured discovered mold and water damage to…
The Fifth Circuit considered whether the district court properly determined that an excess policy covered flood, but that coverage was limited under the policy's anti-concurrent causation clause (post on district court's prior decision here). The appellate court reversed in part and remanded. Stewart Enter., Inc. v. RSUI Indem. Co., Inc., 2010 U.S. App. LEXIS 16555(5th…
The Fifth Circuit asked the Louisiana Supreme Court whether a policy's anti-assignment clause prohibited post-loss assignments of policy rights. See In Re: Katrina Canal Breaches Litigation, 2010 U.S. App. LEXIS 15603 (5th Cir. July 28, 2010).
After Hurricanes Katrina and Rita, Louisiana distributed federal funds to homeowners under its "Road Home" program for repair…
If the insured misrepresents that it owns the insured property, can the insurer void the policy? In Grenoble House Hotel v. Hanover Ins. Co., 2010 U.S. Dist. LEXIS 75355 (E.D. La. July 26, 2010), the court denied the insurer's motion for summary judgment seeking to void the policy on misrepresentation grounds.
Hanover…
The Fifth Circuit considered the impact on coverage when an anti-concurrent causation clause seems to be contradicted by a "reverse" anti-concurrent causation clause in an endorsement. See Penthouse Owners Assoc., Inc. v. Certain Underwriters at Lloyds, London, 2010 U.S. App. LEXIS 14531 (5th Cir. July 14, 2010).
Penthouse's property was completely destroyed by Hurricane…
In a case involving destruction of a mobile home by Hurricane Ivan, the Florida Court of Appeal addressed proper jury instructions regarding the burden of proof under an anti-concurrent causation clause. Citizens Prop. Ins. Corp. v. Hamilton, 2010 Fla. App. LEXIS 9885 (Fla. Ct. App. July 7, 2010).
The insureds had both a…
In Tiara Condominium Assoc., Inc. v. Marsh & McLennan Co., Inc., 2010 U.S. App. LEXIS 10835 (5th Cir. May 27, 2010), it was unclear whether, under Florida law, the economic loss rule foreclosed claims for negligence and breach of fiduciary duty against the insurance broker. Accordingly, the Fifth Circuit certified the question to the Florida…
The insured cardiologist obtained a disability policy from Lloyd's in 1999. See Lagstein v. Certain Underwriters at Lloyd's, London, 2010 U..S. App. LEXIS 11836 (9th Cir. June 10, 2010). In the event of disability, Lloyd's agreed to pay the insured $15,000 per month for up to sixty months.
In 2001, the…
In Bradley v. Allstate Ins. Co., 2010 U.S. App. LEXIS 9510 (5th Cir. May 10, 2010), the policy's total loss provision was found ambiguous. The case was remanded a factual determination on the amount to which the insureds were entitled for loss of their home.
Hurricane Katrina totally destroyed the insureds' home, leaving only a…
Determining the "Cost of Replacement" of the insureds' home was before the court in Nunez v Allstate Ins Co., 2010 U.S. App. LEXIS 8362 (5th Cir. April 20, 2010).
The insureds' home in Louisiana was destroyed by Hurricane Katrina. The insureds received flood policy limits of $75,000 for structural damage and $30,000…
