The Superior Court for the State of Washington denied the insurer's motion to dismiss the University of Washington's claim for property damage due to COVID-19. The Board of Regents of the University of Washington v. Employers Ins. Co. of Wausau, No. 22-2-15472-1 SEA (Amended Order Denying Defendant's CR 12 (B) (6) Motion
In-house Counsel Performing Claims Handling Compelled to Appear at Deposition
By Tred R. Eyerly on
The special master granted the insured's motion to compel the deposition of the in-house counsel who had acted as a claims handler. Wolverine World Wide, Inc. v. The American Insurance Co., 2023 U.S. Dist. LEXIS 225007 (W.D. Mich. Dec. 1, 2023).
The insured, Wolverine, moved compel the fact deposition of…
Finding an “Occurrence,” Appellate Court Rules Insurer Must Defend
By Tred R. Eyerly on
Reversing the trial court, the Wisconsin Court of Appeals found the insurer must defend a cross-claim against the insured owner of a building after an explosion occurred. LBC, LLC v Spectrum Brands, Inc., 2023 Wis. App. LEXIS 1251 (Wis. Ct. App, Nov. 30, 2023).
LBC leased commercial property to Spectrum.
Insurer’s Declaratory Relief Action on Duty to Indemnify Dismissed
By Tred R. Eyerly on
The court granted the insured's motion to dismiss the insurer's action for a declaratory judgment on the issue of indemnity when the underlying action was still ongoing. Utica Mut. Ins. Co. v. Crystal Curtain Wall Sys. Corp., NYLJ LEXIS 3255 (N.Y. Sup. Ct. Dec. 1, 2023).
Crystal was a subcontractor…
Recommendation to Deny Agent’s Motion for Summary Judgment on Fraudulent Misrepresentation
By Tred R. Eyerly on
The magistrate judge recommended that the agent's motion for summary judgment to defeat the insured's claim for fraudulent misrepresentation be denied. SCHST, Inc. v. Arthur J. Gallagher & Co., 2023 U.S. Dist. LEXIS 229058 (S.D. Texas Nov. 22, 2023).
SCHST, Inc. d/b/a Space City Service, suffered property loss from Hurricane…
Hawaii Court of Appeals Finds Insured AOAO Not Liable for Securing Inadequate Insurance
By Tred R. Eyerly on
The Hawaii Intermediate Court of Appeals (ICA) affirmed the trial court's finding that the insured Association of Apartment Owners (AOAO) was not liable for securing a policy with inadequating coverage. AOAO Queen Emma Gardens, et al v. Wa, 2023 Haw. App. LEXIS 400 (Haw. Ct. App. Dec. 19, 2023).
In…
Illinois Supreme Court Finds Construction Defect Claim Triggers Initial Grant of Coverage
By Tred R. Eyerly on
The Illinois Supreme Court found that the underlying allegations addressing construction defects were sufficient to establish "property damage" caused by an "occurrence. "Acuity v. M/I Homes of Chicago, LLC, 2023 Ill. LEXIS 1019 (Ill. Nov. 30, 2023).
M/I Homes was the general contractor for a residential townhome development. The…
Appraisal Panel Can Determine Causation of Loss under Ohio Law
By Tred R. Eyerly on
The federal district court granted the insured's motion to compel an appraisal that would include a determination of causation of the loss. Eagle Highland Owners Association v. State Farm Fire and Casualty Co., 2023 U.S. Dist. LEXIS 220937 (S.D. Ohio Dec. 12, 2023).
Plaintiff argued its property suffered wind and…
West Virginia Adopts Continuous-trigger Theory for Occurrence Based Policies
By Tred R. Eyerly on
Answering a certified question, the West Virginia Supreme Court of Appeals adopted the continuous-trigger theory when interpreting occurrence based policies. Westfield Ins. Co. v. Sistersville Tank Works, Inc., 2023 W. Va. LEXIS 455 (W. Va. Nov. 8, 2023).
Sistersville Tank Work, Inc. ("STW") manufactured, installed, and repaired various types of tanks…
West Virginia Court Strictly Construes Policy Requirements To Identify all Lost Personal Property
By Tred R. Eyerly on
The federal district court found that West Virgina required policyholders suffering a loss of personal property to list all such property before recovering under the policy. Idleman v. State Farm Fire & Cas. Co., 2023 U.S. LEXIS 123815 (N.D. W. Va. July 18, 2023).
The plaintiffs purchased a second home…