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Pre-Judgment Interest Not Awarded Under Flood Policy
By Tred R. Eyerly on
The court granted the insurer's motion to dismiss state law and extracontractual claims, including pre-judgment interest. Hurley v. Wright Nat'l Flood Ins. Co., 2022 U.S. Distl. LEXIS 203803 (W.D. La. Nov. 8, 2022).
The insured suffered damage from Hurrican Delta. He filed suit, alleging that Wright National Flood Insurance Company…
Insurers’ Motion for Judgment on the Pleadings Granted, In Part, Denied in Part
By Tred R. Eyerly on
The insurers' motion for judgment on the pleadings was successful, in part, for failing to properly name one insurer. Landings Yacht, Golf and Tennis Club, Inc. v. Swiss Re Corp. Solutions America, 2022 U.S. Dist. LEXIS 210815 (M.D. Fla. Nov. 21, 2022).
In 2019, two insurers, Peleus Insurance Company…
Blog Completes Fifteenth Year
By Tred R. Eyerly on
Insurance Law Hawaii completes its fifteenth year of existence this month. We began posting in December 2007, 1656 posts ago.
We strive to keep readers abreast of new developments in insurance-related cases from Hawaii and across the country. Coverage issues in the past year have again been dominated by COVID-19, business interruption, construction defect, and…
Claim for Collapse After Demolition of Building Fails
By Tred R. Eyerly on
After several city citations and the eventual demolition of the insureds' apartment building, their claim for coverage based on collapse was unsuccessful. Barker v. AmGuard Ins. Co., 2022 U.S. Dist. LEXIS 202069 (W.D. Mo. Nov. 7, 2022).
The plaintiffs purchased a three-story multi-family apartment building on March 9, 2009. Prior…
Insurers’ Motion to Void Coverage for Failure to Attend EUO Denied
By Tred R. Eyerly on
The insurer's motion for summary judgment and disposal of the insureds' claim due to failure to attend an examination under oath (EUO) was denied. Perkins v Syndicate 4242 of Lloyd's of London, 2022 U.S. Dist. LEXIS 196922 (W.D. La. Oct. 28, 2022).
The insureds' home suffered damage from Hurricane Laura…
Insurance Policy to Protect Hawaii’s Coral Reefs
By Tred R. Eyerly on
The New York Times recently reported on an insurance policy issued to the non-profit Nature Conservancy to protect coral reefs in Hawaii. Cihistopher Flavelle, Catrin Einhorn, In a First, Nonprofit Buys Insurance for Hawaii's Threatened Coral Reefs, N.Y. Times, Nov. 21, 2022.
If damaged by a storm, coral reefs need…
Fifth Circuit Reverses Summary Judgment Award to Insurer on Hurricane Damage Claim
By Tred R. Eyerly on
The Fifth Circuit reversed the district court's grant of summary judgment to the insurer on a property damage claim arising from Hurricane Harvey. Advanced Indicator and Manufacturing, Inc. v. Acadia Ins. Co., 50 F.4th 469 (2022).
After Hurricane Harvey struck southern Texas in 2017, Advanced submitted a claim to Acadia…
Defense Owed to Insured Subcontractor, but not to Additional Insured
By Tred R. Eyerly on
Affirming the district court, the Eleventh Circuit agreed that the insured subcontractor was entitled to a defense against claims of faulty workmanship, but no defense was owed to the additional insured subcontractor. Cincinnati Spec. Underwriters Ins. Co. v. KNS Group, LLC, 2022 U.S. App. LEXIS 27949 (11th Cir. Oct. 6. 2022).
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Insured Granted Right to Amend COVID-19 Complaint
By Tred R. Eyerly on
The California Court of Appeal determined the insured's complaint was properly dismissed, but the lower court erred in not granting leave to amend. Tarrar Enterprises, Inc. v. Associated Indemn. Corp., 2022 Cal. App. LEXIS 811 (Cal. Ct. App. Sept. 22, 2022).
Tarrar Enterprieses, Inc. operated a utility consultnat business. The…