A commentary on insurance coverage issues in Hawaii and beyond
The magistrate judge recommended that the insurer's motion for summary judgment be denied, finding a material issue of fact regard the cause of loss after Hurricanes Laura and Delta. Armstrong v. Amguard Ins Co., 2023 U.S. Dist. LEXIS 76869 (E.D. Texas, April 14, 2023).
The policy excluded damage caused by…
The court rejected the insurers argument that a cyber attack initiated by the Russia Federation precluded coverage under the policies' hostile/warlike action exclusion. Merck & Co. v. Ace Am. Ins. Co., 2021 N.J. Super. LEXIS 43 (N.J. Super. Ct. Law Div. May 1, 2023).
Merck held all-risk policies issued by…
The court dismissed the insured's complaint against the agent for alleged failure to procure proper coverage. Asphalt Recovery Specialists, Inc. v. Gallagher, 2023 U.S. Dist. LEXIS 73112 (D. Colo. March 23, 2023).
Asphalt Recover Specialists, Inc. (ARS) engaged Arthur J. Gallagher & Co. to procure an environmental liability poilcy that…
The court found there was no coverage for wind damage under a policy that expressly stated it did not cover windstorm. Chesnutt v. Southern Pilot Ins. Co., 2023 U.S. Dist. LEXIS 66900 (E.D. N.C. April 17, 2023).
The Chesnutts had a policy issued by Southern Pilot that stated in bold…
The court found that the insurer continued to be bound by a defense agreement entered with the insured who merged with another company. Continental Ins. Co. v. Neles-Jamesbury, Inc., 2023 U.S. Dist. LEXIS 52521 (D. Mass. March 28, 2023).
In 1990, Neles-Jamesbury became the sucessor by merger to the liabilities…
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…
