The California Supreme Court held that the policy's suit limitation of one year, consistent with the statute requiring suit be file within twelve months after a loss, did not apply to claims alleging violation of the state's unfair competition law (UCL). Rosenberg-Wohl v. State Farm Fire and Cas. Co., 2024 Cal. LEXIS
Additional Insured is Loss Payee after Hurricane Damage
By Tred R. Eyerly on
Construing the policy language, the federal district court found that the policy's additional insured was the loss payee for damage caused by Hurricanes Laura and Delta. TCP Ryan St. LLC v. Weschester Surplus Lines Ins. Co., 2024 U.S. Dist. LEXIS 125529 (W.D. La. July 16, 2024).
Hurricanes Laura and Delta…
Homeowner Survives Motion to Dismiss Depreciation Claims
By Tred R. Eyerly on
The insurer's motion to dismiss claims for improper claims handling when considering implementation of depreciation was denied. Morrison v. Indian Harbor Ins. Co, et al., 2024 U.S. Dist. LEXIS 115664 (S. D. W. Va. July 1, 2024).
Plaintiff's home suffered flood damage. The house was insured by Indian Harbor a…
Fourth Circuit Applies Hawaii Law to Invoke Duty to Defend
By Tred R. Eyerly on
The Fourth Circuit Court of Appeals reversed the District Court, holding that under Hawaii law, the insurer had a duty to defend based upon deposition testimony providing facts not found in the underlying complaint. Koppers Performance Chemicals, Inc. v. Argonaut-Midwest Ins. Co., 2024 U.S. App. LEXIS 15678 (4th Cir. June 27, 2024).
Ensuing Loss Provision Salvages Coverage for Water Damage Claim
By Tred R. Eyerly on
The Court of Appeals for the D.C. Circuit reversed the district court's finding of no coverage and found that the ensuing loss provision provided coverage for water damage. 3524 East Cap Venture, LLC, et al. v. Weschester Fire Ins. Co., et al., 104 F. 4th 193 (D.C. Cir. 2024).
Plaintiff…
Professional Services Exclusion Bars Coverage After Carbon Monoxide Leak
By Tred R. Eyerly on
The Illinois Appellate Court affirmed the trial court's dismissal of the insured's complaint after damage caused by a leak of carbon monoxide caused bodily injury. Allied Design Consultants, Inc. v. Pekin Ins. Co., et al., 2024 Ill. Ct. App. LEXIS 1433 (June 18, 2024).
Carbon monoxide leaked in a building…
Additional Insured Not Entitled to Coverage for Named Insured’s Defective Work
By Tred R. Eyerly on
The Court of Appeals for the Seventh Circuit determined there was no duty to defend or to indemnify the additional insured for the named insured's defective work. St. Paul Guardian Ins. Co., et al. v. Walsh Construction Co., 99 F. 4th 1035 (7th Cir. 2024).
The City of Chicago contracted with…
California Supreme Court Finds Vertical Exhaustion Applies to First-Level Excess Policies
By Tred R. Eyerly on
Addressing issues left open in its seminal decision in Montrose, the California Supreme Court found that the language in the first-level excess policies meant that the insured could access the policies upon exhaustion of the directly underlying policies purchased for the same policy period. Truck Ins. Exchange v. Kaiser Cement & Gypsum …
Insurers’ Motion to Determine Lack of Occurrence Fails
By Tred R. Eyerly on
The federal district court, interpreting Massachusetts law, found there were genuine issues of fact as to whether the insured's mixing of biodiesel with home heating fuel was an occurrence. United States Fire Ins. Co. v. Peterson's Oil Serv., Inc., 2024 U.S. Dist. LEXIS 106980 (D. Mass. June 17, 2024).
Homeowners…
Insured’s Claim for Water Damage Dismissed with Leave to Amend
By Tred R. Eyerly on
The court granted the insurer's motion to dismiss the insured's claim for water damage under a homeowners' policy, but granted leave to amend. Thompson v. State Farm Gen. Ins. Co., 2024 U.S. Dist. LEXIS 98486 (C.D. Cal. June 3, 2024).
The insureds' first amended complaint alleged they "suffered a sudden…