Finally weighing in on whether the presence of COVID-19 constitutes direct physical loss or damage to property, the California Supreme Court answered a certified question from the Ninth Circuit by determining there was no coverage under California law. Another Planet Entertainment, LLC v. Vigilant Ins. Co., 2024 Cal. LEXIS 2738 (Cal.
First Party Insurance
Insurer’s Motion to Dismiss “Redundant Claims” Denied
By Tred R. Eyerly on
The insurer's motion to dismiss was more appropriate for an eventual summary judgment motion and was consequently denied. Sivan Lam v. Scottsdale Ins. Co., 2024 U.S. Dist. LEXIS 81262 (M.D. Fla. April 12, 2024).
Lam suffered a loss to her home due to Hurricane Ian. When only a portion of…
Insurer’s Refusal to Consider Supplemental Claim Found Improper
By Tred R. Eyerly on
The Eleventy Circuit reversed the district court's finding that the insurer had properly rejected the insured's supplemental claim. Great Lakes Ins. SE v. Concourse Plaza A Condomiium Association, Inc., 2024 U.S. App. LEXIS 8958 (11th Cir. April 15, 2024).
On September 10, 2017, Hurrican Irma struck Concourse Plaza's building, causing…
Res Judicata Bars Insured from Challenging Insurer’s Use of Schedule to Deduct Depreciation from the Loss
By Tred R. Eyerly on
The insured was barred by res judicata from filing a second lawsuit challenging the insurer's method of establishing the amount of the loss. Burke v. GeoVera Spec. Ins. Co., 2024 U.S. App. LEXIS 9186 (5th Cir, April 16, 2024).
On August 29, 2021, Hurricane Ida caused wind damage to the…
Coverage for Fire Loss Denied Based on Inaccurate Application for Insurance
By Tred R. Eyerly on
The Ninth Circuit affirmed the District Court's granting summary judgment to two insurers who denied coverage based upon inaccurate insurance applications. Hughes v. First National Insurance Company of America, 2024 U.S. App. LEXIS 6609 (9th Cir. March 20, 2024).
Plaintiff submitted a claim to First National Insurance Company of America…
Ninth Circuit Reverses Denial of Motion to Amend on COVID-19 Claim
By Tred R. Eyerly on
The Ninth Circuit reversed the District Court's denial of the insured's motion to amend a complaint asserting loss due to COVID-19. Worth Hotels, Inc. v. Fireman's Fund Ins. Co., 2024 U.S. App. LEXIS 8484 (9th Cir. April 9, 2024).
The Hotels sought coverage for business losses incurred because of the…
Insured Adequately Alleges Direct Physical Loss in COVID-19 Claim to Survive Motion for Judgment on the Pleadings
By Tred R. Eyerly on
The Court of Appeal reversed the trial court's granting of a motion for judgment on the pleadings, dismissing the insured's claim for loss due to the presence of COVID-19. Brooklyn Restaurants, Inc. v. Sentinel Ins. Co., Ltd., 2024 Cal. App. Unpub. LEXIS 1754 (Cal Ct. App. March 20, 2024).
Brooklyn…
Collapse Claim Fails Due To Defectively Designed Roof and Deck
By Tred R. Eyerly on
The insured's claim for collapse of his roof and deck failed due to defective design and other exclusions under the policy. Dudar v. State Farm & Cas. Co., 2024 U.S. Dist. LEXIS 52706 (N.D. Ga. Feb. 6, 2024).
The insured submitted a claim to State Farm for damage to the…
Resulting Loss From Faulty Workmanship Covered
By Tred R. Eyerly on
The Washington Supreme Court found there was coverage for resulting loss despite the original faulty contraction, an exclusion in the policy. Gardens Condominium v. Farmers Ins. Exchange, 544 P.3d 499 (Wash. 2024).
Farmers issued a policy to Gardens Condominium providing coverage for loss or damage caused by a "Covered Cause…
Insurer Wrongfully Denies Coverage When Household Member Fails to Submit to EUO
By Tred R. Eyerly on
The court determined that coverage for a loss by fire could not be denied when the insured's son failed to appear for a examination under oath (EUO). Adekola v. Allstate Vehicle & Prop. Ins. Co., 2024 U.S. Dist. LEXIS 27125 (E.D. Pa. Feb. 16, 2024).
Plaintiff had a homeowners policy…