A commentary on insurance coverage issues in Hawaii and beyond
The court determined there was no coverage for an adverse arbitration decision suffered by the insured in a construction defect case. Am. Fire and Cas. Co. v. Unforgettable Coatings, Inc., 2023 U.S. Dist. LEXIS 64846 (D. Nev. April 13, 2023).
Unforgettable contracted with Muirfield Village Homeowner's Association for painting and…
The agent's motion to dismiss the insured's suit for failure to provide adequate coverage for business interruption due to catastrophic events was denied. Social Life Magazine, Inc. v. Hudson Valley Agency Alliance, LLC, 2023 N.Y. Misc. LEXIS 2351 (N.Y. Sup. Ct. May 10, 2023).
Plaintiff had used defendants Hudson Valley…
The Supreme Court of New York, Appellate Division, found that the lower court properly determined that the wrap-exclusion applied to the insured even though it was not enrolled in the Wrap-up Insurance Program for the project. Skanska USA Building Inc. v. Harleysville Ins. Co., 2023 N.Y. App. Div. LEXIS 1893 (N.Y. App.
The Eleventh Circuit affirmed the district courts granting of summary judgment to the insurer after a portion of the claim for loss of vegetable crops were lost due to a hurricane. Certain Underwriters at Lloyds of London vs. Pero Family Farm Food Co., Ltd., 2023 U.S. App. LEXIS 8451 (11th Cir. April…
The court denied the surplus lines insurer's motion to compel arbitration based on Lousiana's law prohibiting arbitrations of coverage disputes. Fairway Village Condominiums v. Independent Spec. Ins. Co., 2023 U.S. Dist. LEXIS 62135 (E.D. La. April 20, 2023).
The plaintiff's condominium complex was damaged by Hurricane Ida. A claim was…
The court upheld the insurer's denial of coverage for hurricane damage caused by storm surge. Heritage Motorcoach Resort & Marina Condominium Association, Inc v. Axis Ins. Co., 2023 U.S. Dist. LEXIS 58931 (S.D. Ala. April 4, 2023).
Heritage operated a resort with a marina, dock and clubhouse. Hurricane Sally caused…
The federal district court granted the insurer's motion for summary judgment deciding that lower policy limits for nonowners of a vehicle did not violate public policy. Talana v. Liberty Surplus Ins. Co., 2023 U.S. Dist. LEXIS 50222 (D. Haw. March 24, 2023).
Judy Talana collided with a car while operating…
Finding that a contamiation exclusion was ambiguous, the Court denied the insurer's Motion to Dismiss the insured's COVID-19 claim. C.J. Segerstrom and Sons v. Lexington Ins. Co., 2023 U.S. Dist. LEXIS 33293 (C.D. Cal. Feb. 27, 2023).
Segerstrom owned and operated a shopping mall. It was forced to close the…
Interpreting New Jersey law, the federal district court dismissed without prejudice the law firm's complaint against its insurer and agent. Law Office of Drew J. Bauman v. Hanover Ins. Co., 2023 U.S. Dist. LEXIS 31844 (D. N. J. Feb. 27, 2023).
The law firm had a professional liability policy issued…
The Hawaii Supreme Court vacated and remanded the decision of the Intermediate Court of Appeals (ICA) regarding a malpractice claim against the insured's agent. Pflueger, Inc. v. AIU Holdings, Inc., 2023 Haw. LEXIS 44 (Haw. Feb. 22, 2023). Our prior post on the ICA's decision is here.
In May…
