Although the court agreed the insured's complaint did not trigger coverage under provisions for business income losses and business access prevention by civil authority, the policy contained other provisions under which the trial court should have granted leave to amend. Boffo Cinemas, LLC v. Fireman's Fund Ins. Co., 2023 Cal App. Unpub.
Hawaii Supreme Court To Decide Agent’s Alleged Negligence in Failing to Submit Claim
By Tred R. Eyerly on
The Hawaii Supreme Court granted certiorari in a case involving an agent's alleged negligence in deciding not to submit a claim. Pflueger, Inc. v. AIU Holdings, Inc., 2023 Haw. LEXIS 3 (Haw. Ct. App. Jan. 6, 2023). Our post on the Intermediate Court of Appeals decision is here.
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Pennsylvania Superior Court Affirms Finding of Direct Physical Loss in COVID-19 Claim
By Tred R. Eyerly on
After the Court of Common Pleas granted summary judgment to the insured on its business interruption claim, the Pennsylvania Superior Court affirmed. Ungarean v. CNA & Valley Forge Ins. Co., 2022 Pa. Super. LEXIS 467 (Pa. Super. Ct. Nov. 30, 2022).
Timothy Ungarean operated a dental practice. As a result…
Motion to Dismiss COVID Claim Granted in Part, Denied in Part
By Tred R. Eyerly on
The insurer's motion to dismiss the insured's claim for business losses due to COVID-19 was granted in part, denied in part. SRL v Zurich Am. Ins Co., 2022 U.S. Dist. LEXIS 210058 (N.D. Ill. Nov. 21, 2022).
Excelsior owned and managed the Westin Excelsior Rome, a luxury hotel in Rome.
Court Grants Partial Summary Judgment on Conversion Claim Against Insurer
By Tred R. Eyerly on
Although the court was incredulous that the parties were disputing the possession of a gate opener allegedly damaged in a lightning strike, it granted the insured's motion for partial summary judgment finding the insurer had converted the gate opener. Privratsky v. Liberty Mut. Fire Ins Co., 2022 U.S. Dist. LEXIS 196002…
Denial of Insurer’s Motion to Dismiss COVID-19 Case Affirmed
By Tred R. Eyerly on
The Appellate Division of the Supreme Court of New York affirmed the lower court's denial of the insurers motion to dismiss COVID-19 claims. Tina Turner Musical LLC v. Chubb Ins. Co. of Europe SE, 2022 N.Y. App. Div. LEXIS 6758 (N.Y. App. Div. Dec. 6, 2022). The case is here.
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West Virginia Supreme Court Receives Certified Question on Trigger of Coverage
By Tred R. Eyerly on
The Fourth Circuit sought guidance from the West Virginia Supreme Court regarding the proper trigger of coverage for latent illnesses due to exposure to chemicals that leaked from tanks. Westfield Ins. Co. v. Sisterville Tank Works, Inc., 2022 U.S. App,. LEXIS 31403 (4th Cir. Nov. 14, 2022).
The tanks were…
No Coverage for Alleged Misrepresentation Claim
By Tred R. Eyerly on
The court found there was no coverage for a misrepresentation claim against the insured sellers of a residence. Am. Family Mut. Ins. Co. v. Coyne, 2022 U.S. Dist. LEXIS 186417 (E.D. Mo. Oct. 12, 2022).
Aaron and Tobi Beckman purchased a home from Denise Coyne. The Bockmans alleged in the…
Ninth Circuit Narrows Scope of Coverage for “Damages Because of ‘Bodily Injury'”
By Tred R. Eyerly on
The Ninth Circuit, applying Oregon law, limited the scope of the insuring agreement for "damages because of 'bodily injury'" and found there was no duty to defend. Bliss Sequoia Ins. & Risk Advisors, Inc. v. Allied Prop. & Cas. Ins. Co., 2022 U.S. App. LEXIS 29905 (9th Cir. Oct. 27, 2022).
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Ninth Circuit Upholds Hawaii District Court Decision Finding Coverage for Employee Theft
By Tred R. Eyerly on
The Ninth Circuit agreed with the Federal District Court, District of Hawaii, in finding multiple limits for occurrences over the years of coverage were applicable. The Arc In Hawaii v. DB Ins. Co., Ltd., 2022 U.S. App. LEXIS 31231 (9th Cir. Nov. 10, 2022).
The Arc served persons with disabilities…