Thank you to Think Tech Hawaii and my partner Na Lan for inviting me to discuss pursuing claims after the Lahaina fire. The video of the interview is here.
Certified Question Asks Hawaii Supreme Court to Determine Coverage for Allegations of Greenhouse Gas Emissions
By Tred R. Eyerly on
The federal district court certified questions to the Hawaii Supreme Court regarding coverage for underlying allegations of greenhouse gas emissions. Aloha Petroleum, Ltd. v. Nat'l Union Fire Ins. Co. of Pittsburgh, 2023 U.S. Dist. LEXIS 156211 (D. Haw. Sept. 5, 2023).
Aloha was sued in two lawsuits, one filed by…
Arbitration Compelled for Parties to Policy, But Not for Non-Party to Policy
By Tred R. Eyerly on
The court denied the non-insureds motion to compel arbitration, but compelled arbitration for the insurer and insured. Ill. Cas. Co. v. Kladek, Inc., 2023 U.S. Dist. LEXIS 131677 (D. Minn. July 31 2023).
In the underlying case, several models sued Kladek, Inc., alleging that Kladek used photos of them in…
Claimants Misrepresentation Claim by Agents Denied
By Tred R. Eyerly on
The claimant's argument that he was misled by agents on benefits under disability policies was overruled on summary judgment and affirmed by the appellate court. Wooten v. Northwestern Mut. Life Ins. Co., 2023 Tex. App. LEXIS 5653 (Tex. Ct. App. July 31, 2023).
Wrenn Wooten, a MRI radiologist, purchased seven…
Insured Makes Sufficient Claim For Actual Cash Value Payment
By Tred R. Eyerly on
The court denied, in part, the insurer's motion for summary judgment that argued the insured made an insufficient showing of entitlement to Actual Cash Value (ACV) payments under the policy. RR Restoration, LLC v. Empire Indem. Ins. Co., 2023 U.S. Dist. LEXIS 129388 (M.D. Fla. July 16, 2023).
Amblewood Condominium…
Insured’s Intentional Act Can Lead to an Occurrence Causing Property Damage
By Tred R. Eyerly on
The Wisconsin Court of Appeals determined an occurrence could follow the insured's intentional act when the harm caused was not intentional. Riverbank Farms v. Saukville Feed Supplies, 2023 Wisc. App. LEXIS 813 (Wis. Ct. App. July 26, 2023).
Riverback was a dairy farm. It purchased feed mix from Saukville. Riverback's…
Appraisal Request Found Inappropriate When Causation at Issue
By Tred R. Eyerly on
The court denied a motion to compel an appraisal upon determining the cause of the loss was still at issue. QBE Sec. Ins. Co., et al. v. The Enclave at Oak Hill Owners Association, 2023 U.S. Dist. LEXIS 107040 (S.D. Ala. June 21, 2023).
Buildings at the Enclave were…
Insured Given Opportunity to Amend Bad Faith Claim after Judgment on the Pleadings Granted
By Tred R. Eyerly on
The court dismissed the insured's claims, but allowed the insured to file an amended compliant on its claim for deceptive and unfair trade practices. Cornerstone Assembly of God, Inc. v. Brotherhood Mut. Ins. Co., 2023 U.S. Dist. LEXIS 113864.
The insured church held a policy issued by Brotherhood Mutual Insurance…
Jury’s Verdict for Loss Caused by Collapse Overturned
By Tred R. Eyerly on
The Florida Court of Appeal overturned the jury's verdict findng loss caused by collapse. Universal Prop. & Cas. Ins. Co. v. Caboverde, 2023 Fla. App. LEXIS 4474 (Fla. Ct. App. June 28, 2023).
The insured homeowners had two claims. One was a 2016 ceiling collapse; the second was loss caused…
COVID-19 Claim with Communicable Disease Extension Survives Demurrer
By Tred R. Eyerly on
The California Court of Appeal reversed the trial court's issuance of a demurrer to allow the COVID-19 claim to go forward. Saddle Ranch Sunset v. Fireman's Fund Ins. Co., 2023 Cal. App. Unpub. LEXIS 3599 (Cal. Ct. App. June 22, 2023).
Saddle Ranch owned restaurants in California and Arizona. Saddle…