The settlement reached in the Maui fire cases appears to be a step closer to becoming a reality after the Hawaii Supreme Court issued its Order answering three reserved questions posed by the circuit court. In the Matter of the Petition for the Coordination of Maui Fire Cases, SCRQ-24-0000602 (Order Feb. 10, 2025). The Order
Insurer Granted Summary Judgment After Insured Fails to Establish Claim is Covered
By Tred R. Eyerly on
The federal district court granted the insurer's motion for summary judgment because the insureds failed to meet their burden of establishing the claim was covered by the policy. Cutchall v. Chubb Lloyd's Ins. Co. of Tex., 2024 U.S. Dist. LEXIS 234546 (S. D. Texas Dec. 31, 2024).
In September 2021…
Insured’s Count for Bad Faith Stripped from Claim
By Tred R. Eyerly on
The insurer's motion for partial summary judgment challenging the insured's bad faith claim was successful. Baker v. Allstate Index. Co., 2024 U,.S. Dist. LEXIS 227802 (N.D. Miss. Dec. 17, 2024).
Teresa Baker alleged that the roof of her rental property sustained wind and rain damage during a storm. She further contended…
Dispute Over Policy’s Aggregate Limit Addressed
By Tred R. Eyerly on
The federal district court rejected the insured's argument and held that the policy's Limit of Liability section placed an annual cap on the aggregate limits available under the policy. Evanston Ins. Co. v. Roman Catholic Bishop of Orange, 2024 U.S. Dist. LEXIS 229122 (C.D. Cal. Dec. 17, 2024).
John OC-5…
Insureds’ Not Entitled to Recovery for Partial Collapse
By Tred R. Eyerly on
The Sixth Circuit affirmed the District Court's decision that the insureds could not recover for a partial collapse of a wall. Builders Mut. Ins. Co. v. GCC Construction, LLC, 2024 U.S. App. LEXIS 31518 (6th Cir. Dec. 11, 2024).
Tahini Main Street bought a century-old building in Chattanooga, Tennessee. The building…
Class Certification for Challenging Life Insurer’s Termination of Policies Overturned
By Tred R. Eyerly on
The Ninth Circuit overturned the district court's certification of a class challenging a life insurance company's closing of policies without notice for failure to pay premiums. Small v. Allianz Life Ins. Co. of N. Am., 2024 U.S. App. LEXIS 31231 (9th Cir. Dec. 10, 2024).
Provisions in California's Insurance Code…
Insured’s Motion for Judgment on the Pleadings Seeking Coverage for Unsuccessful Launch Denied
By Tred R. Eyerly on
After the insured's attempted launch failed and coverage was denied. the insured's motion for judgment on the pleadings was unsuccessful. United Launch Alliance, LLC v. Factory Mut. Ins. Coverage, et al., 2024 U.S. Dist. LEXIS 210380 (S.D. N. Y. Nov. 18, 2024).
United Launch Alliance, LLC (United) was a launch…
“Professional Services” Exclusion Applies to Deny Coverage
By Tred R. Eyerly on
The Oregon Court of Appeals affirmed the trial court's application of the policy's "professional services" exclusion to deny coverage. State of Oregon v. Haag Home for Boys, Inc., 2024 Ore. App. LEXIS 1674 (Ore. Ct. App. Dec. 4, 2024).
Haag Home for Boys, Inc. (Haag) operated a home for boys…
Portions of Insured’s Expert’s Opinions Stricken
By Tred R. Eyerly on
The court granted in part, denied in part, the insurer's motion to strike the expert report submitted by the insured's expert expressing opinions on coverage. Allied World Nat'l Assurance Co. v. MNS's Expert NHC, Inc., 2024 U.S. Dist. LEXIS 220680 (D. Haw. Dec. 5, 2024).
Allied World denied coverage to…
Seventh Circuit Finds Allegations of Occurrence and Property Damage Require a Defense
By Tred R. Eyerly on
The Seventh Circuit reversed the district court's finding that the insured architecture firm was not entitled to a defense. Cornice & Rose International, LLC v. Acuity, 2024 U.S. App. LEXIS 29925 (7th Cir. Nov. 25, 2024).
Cornice, an architectural firm, oversaw the construction of a building in Iowa. Under the…