A commentary on insurance coverage issues in Hawaii and beyond
The insurer's Motion in Limine seeking to preclude the insured from referencing or seeking certain categories of damages was largely denied. Las Brisas Condo. Homes Ass'n., Inc. v. Empire Indem. Ins. Co., 2024 U.S. Dist. LEXIS 178360 (M.D. Fla. Oct. 1, 2024).
Following Hurricane Irma, Las Brisas Condominium Homes Association…
Insurance Law Hawaii reaches the end of its seventeenth year this month. We began posting long ago, in December 2007.
We seek to keep readers apprised of developments in insurance-related cases from Hawaii and across the country. Coverage issues surrounding the Maui fires have been top of mind this year. We…
The Third Circuit vacated and remanded to the district court the judgment in favor of the insurer on a construction defect claim. Odedeyi v. AmTrust Financial Services Inc., 2024 U.S. App. LEXIS 24729 (3d Cir. Oct. 1, 2024).
Mr. Odedeyi hired a contractor, who was insured by Security National, to…
The court denied the insurer's motion for summary judgment on a construction defect claim due to lack of evidence. Statesboro Erectors, Inc. v. Owners Ins. Co., 2024 U.S. Dist. LEXIS 176555 (N.D. Ga. Sept. 30, 2024).
Griffco was the general contractor for a construction project. King Steel was hired as…
The federal district court for the district of Hawaii granted the insurer's motion to bifurcate the trial of coverage issues from issues regarding the insurer's alleged bad faith. Allied World Nat'l Assur. Co. v. Counterclaim NHC, Inc., 2024 U.S. Dist. LEXIS 174961 (D. Haw. Sept. 26, 2024).
Insured MNS, Ltd.
The federal district court determined that the insurer had a duty to defend a claim arising from a hacking incident suffered by the insured. Advaiya Solutions Inc. v. Hartford Fire Ins. Co., 2024 U.S. Dist. LEXIS 170505, (W.D. Wash. Sept. 20, 2024).
Advaiya was a technology consulting and implementation company that…
The Fifth Circuit reversed the district court's granting of summary judgment to the insurer on a construction defect claim asserted against the insured. TIG Ins. Co. v. Woodsboro Farmers Cooperative, 2024 U.S. App. LEXIS 24003 (5th Cir. Sept. 20, 2024).
In March 2013, Woodsboro Farmers Cooperative contracted with E.F. Erwin, Inc.
The insurers' motion to dismiss a COVID-19 claim was denied based upon an endorsement for business interruption claims. Mandarin Oriental, Inc. v. HDI Global Ins. Co., 2024 U.S. Dist. LEXIS 169836 (S.D N.Y. Sept. 19, 2024).
Mandarin owned hotels in, among other cities, Miami, New York, Washington, D.C. and Boston.
The federal district court adopted the Report and Recommendations (R&R) of the magistrate judge, finding there was no coverage for faulty workmanship in replacing a roof for an apartment complex. Burlington Ins. Co. v. PCGNY Corp., 2024 U.S. Dist. LEXIS 167814 (S.D. N. Y. Sept. 16, 2024).
Skyline Restoration was…
The Ninth Circuit affirmed the panel's decision not to rehear en banc a case which affirmed the district court's summary judgment in favor of a tribe and against several insurance companies and underwriters. Lexington Ins. Co., et al. v Smith, et al., 2024 U.S. App. LEXIS 23429 (9th Cir Sept. 16, 2024). …
