A commentary on insurance coverage issues in Hawaii and beyond
At issue in Monistere v. State Farm Fire and Cas. Co., No. 07-31149 (5th Cir. Feb. 17, 2009) [here] was whether the insured homeowners recovered the appropriate amount under their flood policy for damage caused by Hurricane Katrina in August 2005.
The State Farm policy covered: (1) buildings for the amount …
Whether an "all risk" policy covered a building severely damaged by hidden decay was the issue before the Second Circuit in Dalton v. Harleysville Worcester Mut. Ins. Co., No. 07-3545 (2nd Cir. Feb. 19, 2009).
During the policy period, damage to an interior wall between the insureds' building and the adjacent …
In the latest installment of a coverage class action suit that has bounced between the Eleventh Circuit and the District Court in Florida, the insureds survived a motion for summary judgment. See Mills v. Foremost Ins. Co., Case No. 8:06-CIV-986-T-17-MAP, 2009 U.S. Dist. LEXIS 8851 (Jan. 28, 2008).
The insureds held a mobile home…
If a Hawai`i resident's second home in Florida suffered hurricane damage and coverage was denied by a Florida based insurer, could the insured sue the insurer in Hawai`i? In re: Garnett v. Citizens Prop. Ins. Corp., No. 1070663, 2009 Ala. LEXIS 30 (Ala. Jan. 30, 2009) suggests the answer is "no."
Ms. Garnett was an Alabama…
If an insurer violates a state's emergency order prohibiting cancellation of a policy for 90 days after repairing a dwelling from hurricane damage, does the insured have a private cause of action to enforce the order? In Sailboat Pointe Condo. Ass'n v. Aspen Specialty Ins. Co., No. 08-621129, 2009 U.S. Dist. LEXIS 6781 (S.
In a recent post, we discussed Dickerson v. Lexington Ins. Co., 2008 U.S. App. LEXIS 26504 (5th Cir. Dec. 22, 2008) where the Fifth Circuit determined damages for mental anguish were properly granted based on the insurer's bad faith delay in paying a claim after Hurricane Katrina. Dickerson controlled a subsequent decision by…
If a policy's deductible does not apply to "ensuing loss or damage," is indirect business interruption an ensuing loss? The court in RTG Furniture Corp. v. Industrial Risk Insurers, 2008 U.S. Dist. LEXIS 85237 (S. D. Fla. Oct. 9, 2008) faced this issue, noting it was a question of first impression nationwide.
The…
In Southern Surgery Center, LLC v. Fidelity and Guaranty Ins. Co., 2008 U.S. Dist. LEXIS 79971 (S. D. Miss., Oct. 8, 2008), United States Fidelity and Guaranty Company ("USF&G") insured a building owned by Southern Development Resources, LLC ("SDR"). A different insurer, Fidelity and Guaranty Insurance Company, insured two other companies related…
If an insurer pays for repairs to a building based on the insured’s preliminary estimate of damage, does the insured have further obligations to pay for property damage? This was one of the issues in Chateau Argonne Condominium Assoc. v. State Farm Ins. Co., 2008 U.S. Dist. LEXIS 70917 (E.D. La. Sept.
In Laeroc Waikiki Parkside, LLC v. Westchester Fire Ins. Co., 2008 U.S. Dist. LEXIS 65711 (D. Haw. Aug. 22, 2008), the Federal District Court of Hawaii determined the insured’s claim for coverage was time-barred under the policy’s two-year limitation period.
The insured purchased a hotel on August 24, 2001. It…
