A commentary on insurance coverage issues in Hawaii and beyond
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…
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…
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…
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…
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…
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…
The Fifth Circuit vacated a discovery order issued by the district court and remanded the case for issuance of a stay while the arbitrability of the coverage dispute was reviewed. Cameron Parish Recreation #6 v. Indian Harbor Ins. Co., et al., 2024 U.S. App. LEXIS 3804 (5th Cir. Feb. 19, 2024).
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The Fifth Circuit Court of Appeals reversed the district court's finding that Southwest had no coverage for a cyber claim. Southwest Airlines Co. v. Liberty Ins, Underwriters, Inc., 2024 U.S. App. LEXIS 996 (5th Cir. Jan. 16, 2024).
On July 20, 2016, Southwest suffered a massive computer failure, which resulted…
With the insurer conceding that there was evidence of potential collapse at portions of eight specific building locations, the court granted the insurer's motion for partial summary judgment in determining no additional buildings suffered from collapse. Exec. 1801 LLC v. Eagle W. Ins. Co., 2024 U.S. Dist. LEZXIS 5923 (D. Or. Jan.
Agreeing with the district court that the insured could not demonstrate "direct physical loss" due the onset of COVID-19, the First Circuit overruled the dismissal based on a health care endorsement. Lawrence Gen. Hosp. v. Continental Casualty Co., 2024 U.S. App. LEXIS 676 (1st Cir. Jan. 10, 2024).
The health care…
