A commentary on insurance coverage issues in Hawaii and beyond
The Fifth Circuit asked the Louisiana Supreme Court whether a policy's anti-assignment clause prohibited post-loss assignments of policy rights. See In Re: Katrina Canal Breaches Litigation, 2010 U.S. App. LEXIS 15603 (5th Cir. July 28, 2010).
After Hurricanes Katrina and Rita, Louisiana distributed federal funds to homeowners under its "Road Home" program for repair…
The Fifth Circuit considered the impact on coverage when an anti-concurrent causation clause seems to be contradicted by a "reverse" anti-concurrent causation clause in an endorsement. See Penthouse Owners Assoc., Inc. v. Certain Underwriters at Lloyds, London, 2010 U.S. App. LEXIS 14531 (5th Cir. July 14, 2010).
Penthouse's property was completely destroyed by Hurricane…
In a case involving destruction of a mobile home by Hurricane Ivan, the Florida Court of Appeal addressed proper jury instructions regarding the burden of proof under an anti-concurrent causation clause. Citizens Prop. Ins. Corp. v. Hamilton, 2010 Fla. App. LEXIS 9885 (Fla. Ct. App. July 7, 2010).
The insureds had both a…
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Can an insurer remove the insured's state court suit based on supplemental jurisdiction arising under a homeowner's policy when the insured has also sued a separate insurer in federal court under a flood policy? The Fifth Circuit held where the federal court lacked original jurisdiction, removal was improper. See Halmekangas v. State Farm Fire and Cas. Co., 603 F.3d…
In Bradley v. Allstate Ins. Co., 2010 U.S. App. LEXIS 9510 (5th Cir. May 10, 2010), the policy's total loss provision was found ambiguous. The case was remanded a factual determination on the amount to which the insureds were entitled for loss of their home.
Hurricane Katrina totally destroyed the insureds' home, leaving only a…
Determining the "Cost of Replacement" of the insureds' home was before the court in Nunez v Allstate Ins Co., 2010 U.S. App. LEXIS 8362 (5th Cir. April 20, 2010).
The insureds' home in Louisiana was destroyed by Hurricane Katrina. The insureds received flood policy limits of $75,000 for structural damage and $30,000…
The insureds originally had flood coverage with Allstate. See Dennis v. Fidelity Nat. Prop. and Cas. Ins. Co., 2010 U.S. Dist. LEXIS 28759 (March 25, 2010). To reduce their premiums, the insureds requested their agent, Lyons Insurance, Inc., to obtain a new flood insurance policy on their home in May 2007. The insureds did not submit the required elevation…
The insured, Versai, managed apartments that were so extensively damaged by Hurricane Katrina that they were uninhabitable. See Versai Mg. Corp. v. Clarendon Am Ins. Co., No. 08-30874, 2010 U.S. App. LEXIS 3479 (5th Cir. Feb. 19, 2010). Versai notified its insurers and submitted claims with the assistance of its private adjusters and…
Is damage caused by snow melt excluded under a homeowner's policy because it constitutes standing water? The court answered yes in Northwest Bedding Co. v. Nat. Fire Ins. Co. of Hartford, No. 28044-6, 2010 Wash. App. LEXIS 299 (Wa. Ct. App. Feb. 11, 2010).
The Spokane area, where the insured's buildings were located, experienced…
