A commentary on insurance coverage issues in Hawaii and beyond
Whether the contractor gave timely notice of loss to the carrier was the issue before the Eighth Circuit in The Weitz Co., LLC v. Lloyd's of London, No. 08-2835, 2009 U.S. App. LEXIS 17222 (8th Cir. Aug. 4, 2009) [here].
In January 2001, H. Group hired Weitz as general contractor to build a luxury retirement community. H.
Plaintiffs thought their agent, Scott Management Team, had secured flood insurance under their Allstate policy. See Demouy v. Allstate Ins. Co., No. 06-9629, 2009 U.S. Dist. LEXIS 66254 (E.D. La., July 20, 2009). After Hurricane Katrina struck plaintiffs' home, Allstate denied coverage because plaintiffs did not have a flood insurance policy.
Plaintiffs sued Allstate…
If you assume your mortgage company will pay your flood insurance premiums, is the mortgage company liable for damage to property after failing to pay such premiums? In Burks v. Prudential Ins. Co. of North Am., 2009 U.S. Dist. LEXIS 65451 (E.D. La. July 29, 2009), the court answered "no."
Burks purchased her property in June…
In Cecilia Schwaber Trust Two v. Hartford Accident and Indemn. Co., No. JFM-06-0956, 2009 U.S. Dist. LEXIS 59788 (D. Md. July 14, 2009), Hartford unsuccessfully moved to dispose of the insured's claim for failure to act in good faith.
Hartford's policy covered the insured's warehouse for the period March 1, 2002…
Two issues were presented in Stewart Enterprises, Inc. v. RSUI Indem. Co., Inc., 2009 U.S. Dist. LEXIS 50156 (E.D. La. June 15 2009). First, was the excess carrier's following form policy was bound by the primary carrier's exception to the flood exclusion? Second, was the primary policy's anti-concurrent causation clause applicable?
The insured owed various cemeteries, funeral…
Bad faith and coverage for looting were at issue in Spears v. State Farm Ins. Co., No. 08-3183, 2009 U.S. Dist. LEXIS 49554 (E. D. La. June 12, 2009). The insureds' home was damaged by Hurricane Katrina on August 29, 2005. A homeowner's policy issued by State Farm provided coverage of up to $179,700 for dwelling and up…
The insureds' home was damaged by a flood in Ross, California, on December 31, 2005. See Cook v. USAA General Indemn. Co., No. C-07-4042, 2009 U.S. Dist. LEXIS 45490 (N.D. Cal. June 1, 2009). The home was insured under a National Flood Insurance Program policy issued by USAA.
The home was located in a flood…
Here is a report in today's Insurance Journal regarding oral argument conducted last Tuesday before the Mississippi Supreme Court in Corban v. United Services Automobile Assoc., No. 2008-M-645 (Miss.) At issue is the application of the anti-concurrent causation clause where the insured's home was allegedly damaged by both wind and flood. We have previously discussed the Corban…
The insured's property was damaged during Hurricane Katrina by wind, wind driven rain, flooding, storm surge and water in Jupiter v. Automobile Club Inter-Insurance Exchange, No. 07-1689, 2009 U.S. Dist. LEXIS 44083 May 26, 2009). Plaintiff recovered $225,500 from Allstate, its flood insurance carrier. The insured also held a homeowner's policy with Automobile Club…
Senior Judge Senter from the Southern District of Mississippi continues to be on the front lines of the Katrina insurance coverage battles. In a case headed for trial, Judge Senter recently denied motions by both the insured and insurer attempting to establish estoppel on coverage issues. See Politz v. Nationwide Mut. Fire Ins. Co.…
