A commentary on insurance coverage issues in Hawaii and beyond
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…
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…
Predicting Georgia law, the Eleventh Circuit affirmed the district court's decision that Georgia would not allow insurers to seek reimbursement of defense costs. Continental Cas. Co., et. al v. Winder Laboratories, LLC, et. al, 2023 U.S. App. LEXIS 17852 (11th Cir. July 13, 2023).
Winder Laboratories held two policies, a…
The Wisconsin Supreme Court departed from its previous mechanism for determining property damage under the "integrated systems analysis" and found the insurers were not entitled to summary judgment as determined by the trial court. 5 Walworth, LLC v. Engerman Contracting, Inc., 2023 Wis. LEXIS 152 (Wis. June 20, 2023).
5…
The Ninth Circuit agreed the insurer suffered prejudice by the late notice from the insured and affirmed the denial of the claim. Stockton Mariposa, LLC v. West Am. Ins. Co., 2023 U.S. App. LEXIS 14787 (9th Cir. June 14, 2023).
Stockton submitted a claim for theft and vandalism of covered…
The Eleventh Circuit affirmed the district court's denial of a motion for a new trial after the jury determined the insurer owed policy benefits for hurricane damage to the insured's property. AM Grand Court Lakes LLC v. Rockhill Ins. Co., 2023 U.S. App. 13902 (11th Cir. June 5, 2023).
AM…
The court granted the agent's motion to dismiss claims asserted by a condominium owner's claim for injuries due to a fire in his unit. Great Am. Allliance Ins. Co. v. Village Gardens Homeowners Association, 2023 U.S. Dist. LEXIS 102900 (C.D. Calif. June 12, 2023).
Village Gardens' agent, Roy Palacios Insurance…
The Eleventh Circuit determined it lacked appellate jurisdiction over an order issued by the district court compelling an appraisal. Breakwater Commons Ass'n, Inc. v. Empire Indem. Ins. Co., 2023 U.S. App. LEXIS 14459 (11th Cir. June 9, 2023).
Following Hurricane Irma, Breakwater Commons Association filed a claim with Empire Indemnity…
The Eleventh Circuit determined that the district court's order compelling an appraisal was not an appealable order under 28 U.S.C. 1291. Positano Place at Naples I Condominium Assoc., Inc. v. Empire Indem. Ins. Co., 2023 U.S. App. LEXIS 13416 (11th Cir. May 31, 2023).
Empire issued a policy to Positano…
While agreeing with the insured there was a duty to defend, the court determined the defense of an environmental claims was limited to $100,000. Casa Nido Partnership v. JAE Kwon, 2023 U.S. Dist. LEXIS 97701 (N.D. Calif. June 5, 2023).
In 1976, Casa Nido purchased the property and remains the…
