A commentary on insurance coverage issues in Hawaii and beyond
The insurer's attempt to reject a claim due to inconsistent positions taken by the insured in two different matters failed in Rice v. Certain Underwriters at Lloyds, 2012, U.S. Dist. LEXIS 36445 (S.D. Tex. March 19, 2012).
The insured's home was damaged in 2008 during Hurricane Ike. The insured submitted a claim to Lloyds, but…
The court agreed with the insurer that the litigation should be abated during the appraisal for damage caused by Hurricane Ike. See United Neurology, P.A. v. Hartford Lloyd's Ins. Co., 2012 U.S. Dist. LEXIS 15675 (Feb. 8, 2012).
Harford invoked the appraisal process, which was required under the policy if the parties failed…
The shopping mall owner, Bender Square Partners, sought to recover from the insurer for losses resulting from Hurricane Ike to property it had leased to PNS Stores, Inc. Bender Square Partners v. Factory Mut. Ins. Co., 2012 U.S. Dist. LEXIS 8095 (S.D. Texas Jan. 24, 2012). It turned out Bender was not an…
When only a portion of a hotel was closed after damage was caused by Hurricane Ike, the court determined there was no coverage for business interruption. H&H Hospitality LLC v. Discovery Specialty Ins. Co., 2011 U.S. Dist. LEXIS 146055 (S.D. Texas Dec. 20, 2011).
Strong hurricane winds caused damage to the hotel…
Whether the insured's claims based upon the adjustor's inadequate inspection after Hurricane Ike stated a claim was at issue in Stewart v. Nationwide Prop. & Cas. Ins. Co., 2011 U.S. DIst. LEXIS 111465 (S.D. Tex. Sept. 29, 2011).
Based on the complaint's allegations, the insured's home suffered extensive damage from Hurricane Ike…
After suffering hurricane damage and having repairs made, the insured sought to assign rights under its policy to the contractor performing the remediation work. The anti-assignment provision, however, prevented the contractor's recovery under the policy. Paramount Disaster Recovery, Inc. v. Axis Surplus Ins. Co., 2011 U.S. Dist. LEXIS 98272 (S.D. Texas. Aug. 31…
The importance of careful preparation and documentation was the take away lesson in a Texas bad faith case, C.K. Lee v. Catlin Specialty Ins. Co., 2011 U.S. Dist. LEXIS 19145 (S.D. Tex. Feb. 28, 2011).
C.K. Lee owned a commercial shopping center in Houston. Catlin issued a commercial property policy to Lee. …
After flood coverage was denied, the insured sued under state law theories. See Worthen v. Galveston Ins. Associates, 2010 U.S. Dist. LEXIS 94925 (S.D. Tex. Sept. 13, 2010). The district court dismissed the state law claims on preemption grounds.
The insured purchased a flood policy on August 10, 2007 for his home…
The insurer's right to compel an appraisal under the policy was addressed in In Re Capitol County Mut. Fire Ins. Co., 2010 Tex. App. LEXIS 3060 (Tex. Ct. App. April 27, 2010).
Following Hurricane Ike, the insured submitted a claim for damage to her home to the insurer, Capitol County. After determining the…
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…
