Our panel spoke at the ABA, Section of Litigation, Insurance Litigation Committee’s annual seminar today in Tucson. We addressed the impact of the Supreme Court’s overruling the Roe case in Dobbs v. Jackson Women’s Health Organization.
California Court of Appeals Reverses Denial of COVID-19 Claim Based on Virus-Specific Endorsement
By Tred R. Eyerly on
The California Court of Appeal reversed the trial court's grant of the insurer's demurrer on a COVID-19 claim and remanded the case for further proceedings. John's Grill v. Hartford Fin. Servs. Group, 2022 Cal. App. LEXIS 1056 (Cal. Ct. App. Dec. 27, 2022).
John's Grill had two insurers, Hartford and…
Insurer’s Appeal of Jury Verdict Rejected by Tenth Circuit
By Tred R. Eyerly on
After a jury awarded damages related to the insurer's delayed payment under the claim and the insurer's post trial motions to set aside the verdict were denied, the Tenth Circuit affirmed. US General, LLC v. GuideOne Mut. Ins. Co., 2022 U.S. App. LEXIS 34066 (10th Cir. Dec. 12, 2022).
Crossroads…
Contrasting Expert Opinions Result in Denial of Cross Motions for Summary Judgment
By Tred R. Eyerly on
Given the opposing experts' contradictory reports, the court denied both the insured and insurer's motions for summary judgment regarding coverage for a pipe leak. Pronti v. Hanover Ins. Co., 2022 U.S. Dist. LEXIS 222306 (W.D. N. Y. Dec. 9, 2022).
The insured had a swimming poll and spa, which functioned…
Ninth Circuit Certifies Question to California Supreme Court on COVID-19 Claim
By Tred R. Eyerly on
The Ninth Circuit certified a question to the California Supreme Court asking whether the presence of COVID-19 constitutes "direct physical loss to property.'" Another Planet Entertainment, LLC v. Vigilant Ins. Co., 2022 U.S. App. LEXIS 35763 (9th Cir. Dec. 28, 2022).
Another Planet was an event promoter and venue operator…
Court Orders Limited Discovery Before Ruling on Insurers’ Motions to Dismiss COVID-19 Claims
By Tred R. Eyerly on
Conceding it was an unusual step, the federal district court ordered that limited discovery take place before ruling on the insurers' motions to dismiss the insureds' business interruption claims due to COVID-19. Philadelphia Eagles Limited Partnership v. Factory Mut. Ins. Co., 2022 U.S. Dist. LEXIS 225729 (E.D. Pa. Dec. 15, 2022).
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Duty to Defend Triggered by Damage to Other Non-Defective Property
By Tred R. Eyerly on
The court found the insurer must defend because there was a possibility of damage to property due to work not performed by the insured. B&W Paving & Landscape, LLC v. Employers Mut. Cas. Co., 2022 U.S. Dist. LEXIS 225783 (D. Conn. Dec. 15, 2022).
In 2010, Whiting Turner Contracting Company…
Broker’s Motion to Dismiss Denied
By Tred R. Eyerly on
The broker's argument that its liability could not be established until after the insurer was found to have breached the policy failed. Pedernal Props., LLC v. Marsh United States Inc., 2022 U.S. Dist. LEXIS 207618 (N. D. Okla. Nov. 16, 2022).
Marsh procured a property policy from Markel American Insurance…
California Court of Appeal Again Reverses Dismissal of COVID-19, Business Interruption Claim
By Tred R. Eyerly on
Consistent with its prior decision in Marina Pacific Hotel and Suites, LLC v. Fireman's Fund Ins. Co., 81 Cal. App. 5th 96 (2022), the California Court of Appeal again reversed the lower court's dismissal by demurrer of the insured's business interruption claim due to the presence of COVID-19. Shusha, Inc. v. Century-Nat'l …
Reservation of Rights Letter Merely Citing Policy Provisions Inadequate
By Tred R. Eyerly on
In an unpublished opinion, the Fourth Circuit affirmed the district court's finding that the insurers' reservation of rights letters did not provide a basis for denial of coverage. Stoneiedge At Lake Keowee Owners Ass'n Inc. v. Cincinnati Ins. Co., 2022 US. App. LEXIS 34292 (4th Dist. Dec. 13, 2022).
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