A commentary on insurance coverage issues in Hawaii and beyond
The court found that when considered as a whole, separately filed proofs of loss and estimates of damage were sufficient to meet the requirements of a flood policy. Young v. Imperial Fire & Cas. Ins. Co., 2014 U.S. Dist. LEXIS 51863 (April 15, 2014).
On August 29, 2012, plaintiffs' property sustained flood…
The insurer's attempt to dismiss the insured's multi-count complaint for failure to provide full coverage for flood damage failed. Ragusa Corp. v. Standard Fire Ins. Co., 2014 U.S. Dist. LEXIS 40812 (D. Conn. March 27, 2014).
The insureds' house suffered significant damage due to flood associated with Hurricane Irene. The insureds submitted…
Claims that an insurance broker misrepresented coverage survived a motion to dismiss in a case decided by the New Jersey federal district court. Danho v. Fidelity Nat. Indemn. Ins. Co., Civil Action No. 2:13-CV-04547 (D. N.J. Sept. 25, 2013).
The insured's home was covered under a flood policy issued by and through…
The Court found coverage was properly denied due to the insured's failure to strictly comply with the requirements of the National Flood Insurance Act. Hughes v. Am. Nat'l Prop. & Cas. Co., 2013 U.S. Dist. LEXIS 99071 (E.D. La. July 16, 2013).
The insured's home was damaged by Tropical Storm Lee in September…
The court agreed with State Farm that the insureds' request for an appraisal made after the statute of limitations had run was too late. Stolz v. State Farm Fire and Cas. Co., 2013 U.S. Dist. LEXIS 86834 (S.D. Miss. June 20, 2013).
The insureds' property sustained damage from Hurricane Katrina. State Farm…
The Louisiana Court of Appeal affirmed the trial court's finding of liability on the part of the insurer and the agent for their failure to properly procure flood insurance for the insureds. Barnett v. Fid. Nat'l Prop. & Cas. Co., 2013 La. App. LEXIS 856 (La. Ct. App. May 1, 2013).
The…
An insurance agent was not liable for failing to advise the insureds of a cheaper flood policy for their two properties. Green v. Guidry, 2012 U.S. Dist. LEXIS 162581 (E.D. La. Nov. 14, 2012).
The insureds owned two residences purchased in 1991 and 2006. They purchased flood insurance through an Allstate agent…
The federal district court considered the applicability of a document retention clause in Amtex Bancshares v. Bancinsure, Inc., 2012 U.S. Dist. LEXIS 140557 (E.D. Tex Sept. 11, 2012).
Hurricane Ike caused severe damage to the insured's bank on September 13, 2008. The policy issued by Bancinsure, Inc. covered the property and its contents.
The First Circuit considered whether an alleged ambiguity on the scope of coverage between the Declarations Page and a Standard Flood Insurance Policy ("SFIP") would allow coverage to the insured. McGair v. Am. Bankers Ins. Co. of Florida, 2012 U.S. App. LEXIS 185911 (1st Cir. Sept. 4, 2012).
The insureds home was damaged…
An agent's potential liability for misrepresenting the status of the property's flood coverage was at issue in Witlowski v. Richard W. Endlar Ins. Agency, 2012 Mass. App. LEXIS 192 (Mass. Ct. App. May 29, 2012).
Plaintiff resided in the basement of a condominium unit. The condominium was located in a floodplain and designated…
