A commentary on insurance coverage issues in Hawaii and beyond
The Ohio Supreme Court found there was no duty defend the distributor of opioids in suits filed by governmental entities because such entities had not suffered bodily injury. Acuity v, Masters Pharm. Inc., 2022 Ohio LEXIS 1814 (Ohio Sept. 7, 2022).
Masters Pharmaceutical, Inc. was a wholesale distributor of prescription…
Stanford Health Care's California lawsuit against Hawaii Medical Service Association (HMSA) was dismissed for lack of personal jurisdiction. Stanford Health Care v. Hawaii Med Service. Assoc., 2022 U.S. Dist. LEXIS 159192 (N.D. Cal. Sept 2, 2022).
Stanford and Anthem Blue Cross of California contracted for Stanford to provide medical services…
The Vermont Supreme Court found that the insured's complaint alleging business interruption due to COVID-19 could survive the insurer's motion for judgment on the pleadings. Huntington Ingall's Industries v. Ace Am. Ins. Co., 2022 Vt. LEXIS 47 (Sept. 23, 2022).
In March 2020, the Undersecretary of Defense told the insured…
The California Court of Appeal found that the insured alleged facts sufficient to trigger coverage under a civil authority endorsement after government shutdown orders due to COVID-19 caused the insured to close its business. Butter Nails & Waxing v. Underwriters at Lloyd's, 2022 Cal. App. Unpub. LEXIS 5264 (Cal. Ct. App. Aug.
A recommended decision from the Magistrate Judge of the Federal District Court for the District of Colorado found there was no coverage for the subcontractor's faulty workmanship, but recognized that Colorado finds consequential damages to be property damage. Indian Harbor Ins. Co. v. Houston Cas. Co., 2022 U.S. Dist. LEXIS 117857…
After the agent informed the insured there was no coverage and submitting a claim would be a useless effort, the Hawaii Intermediate Court of Appeal reversed the trial court's dismissal of the insured's suit against the agent. Pflueger, Inc. v. AIG Holdings, Inc., 2022 Haw. App. LEXIS 279 (Haw. Ct. App. Sept.
The court rejected the attorneys' claim that an award of attorney's fees awarded for pursuing a frivolous claim under the Individuals with Disabilities Education Act (IDEA) was not a "sanction" and was covered under the policy Wesco Ins. Co. v. Roderick Linton Belfance, LLP, 2022 U.S. App. LEXIS 18263 (6th Cir. July…
The court found that the failure to provide prompt notice of damage caused by Hurricane Irma barred plaintiff's claim for coverage. Garcia v. Scottsdale Ins. Co., 2022 U.S. Dist. LEXIS 149312 (S.D. Fla. Aug. 18, 2022).
On September 10, 2017, plaintiff's property allegedly suffered damage due to Hurricane Irma. Shortly…
Summary judgment awarded to the insurer was reversed because the insurer presented no evidence of prejudice caused by untimely notice. Perez v. Citizens Prop. Ins. Corp., 2022 Fla. App. LEXIS 5435 (Fla. Ct. App. Aug. 10, 2022).
The insureds' home suffered water damage due to Hurricane Irma around September 10…
Answering a certified question, the South Carolina Supreme Court determined that the presence of COVID-19 and/or government shutdown orders did not constitute "direct physical loss or damage" to property. Sullivan Mgmt. v. Fireman's Fund Ins. Co., 2022 S.C. LEXIS 90 (S.C. Sup. Ct. Aug. 10, 2022).
Sullivan Management, LLC operated…
