A commentary on insurance coverage issues in Hawaii and beyond
The court denied the insurer's motion for summary judgment seeking to dismiss the insured's complaint requesting coverage for hail damage and a claim for bad faith. Rodriquez v. State Farm Lloyds, 2024 U.S. Dist. LEXIS 160007 (W.D. Tex. Sept. 5, 2024).
Mr. Rodriquez sought coverage under his homeowners policy after…
The court granted the insurer's motion for summary judgment based upon the insured's failure to allow the insurer to inspect damaged personal property . Ansah v Nationwide Prop. and Cas. Ins. Co., 2024 U.S. Dist. LEXIS 151472 (S. D. Texas Aug. 23, 2024).
The insureds purchased a property policy from…
The federal district court entered judgment based on the appraisal panel's award over the insurer's objections. Proto Gage, Inc. v. Federal Ins. Co., Inc., 2024 U.S. Dist. LEXIS 155699 (E.D. Mich. Aug. 29, 2024).
Proto Gage sought coverage from Federal for its business income losses resulting from the failure of…
The California Court of Appeal affirmed the trial court's judgment after the jury determined there was no coverage for a leaking pipe. Mendoza v. Pacific Spec. Ins. Co., 2024 Cal. App. Unpub. EXIS 5477 (Cal. Ct. App. Aug. 20, 2024).
The Mendoza's third amended complaint alleged their home was damaged…
The federal district court determined there was no coverage for the insured winery's damaged pears. Root v. Hanover Ins. Co., 2024 U.S. Dist. LEXIS 152481 (D. Or. Aug. 26, 2024).
The winery owned and operated a commercial vineyard that produced and sold pear cider. To protect their business and property…
The court agreed that the insured's required disclosures were untimely, but it did not support dismissal of the insured's case. Ulloa v Geovera Spec. Ins. Co., 2024 U.S. Dist. LEXIS 150279 (E.D. La. Aug. 22, 2024).
The insured's home suffered property damage from Hurricane Ida. The insured filed suit against…
The court granted the insured's motion for remand by finding a cognizable claim was asserted against the non-diverse agent. Kamovitch v. Am. Econ. Ins. Co., 2024 U.S. LEXIS 150295 (W.D. Pa. Aug. 22, 2024).
American Economy Insurance Company issued a homeowners policy to the insured. The insured alleged that he…
The insurer's motion for summary judgment seeking to dispose of the insured's claim for collapse was denied. Life Skills, Inc. v. Harleysville Ins. Co., 2024 U.S. Dist. LEXIS 143658 (D. Mass. Aug. 13, 2024).
Life Skills was a non-profit social service agency providing residential and day habilitation services to adults…
The insured's motion for partial summary judgment to eliminate the insurer's right to subrogation was denied. Fireman's Fund Ins. Co. v. S.A. Comunale Co, Inc., 2024 U,S. Dist. LEXIS 141930 (N.D. Ohio Aug. 9, 2024).
Fireman's Fund provided property insurance to Raisin Industries for property it owned and operated at…
Reversing the Court of Appeal, the California Supreme Court determined a virus endorsement did not salvage coverage for business loss due to COVID-19. John's Grill v. Hartford Fin. Serv. Group, Inc., 2024 Cal. LEXIS 4241 (Cal. Aug. 8, 2024).
John's Grill was heavily impacted by the COVID-19 pandemic and…
