A commentary on insurance coverage issues in Hawaii and beyond
The federal district court determined that an appraisal can include causation issues when determining the amount of loss. B&D Inv. Grp., LLC v. Mid-Century Ins. Co., 2021 U.S. Dist. LEXIS 246853 (N.D. Ill. Dec. 28, 2021).
B&D commercial building was damaged by hail. B&D submitted a claim to Mid-Century, but…
Reversing the judgment of the district court, the Fifth Circuit found the insurer owed a defense in a construction defect case. Siplast, Inc. v. Emplrs Mut. Cas. Co., 2022 U.S. App. LEXIS 795 (5th Cir. Jan. 11, 2022).
The Archdiocese of New York sued various parties for a roofing project…
The Florida Court of Appeals affirmed the lower court's granting summary judgment to the insurer after failing to abide by an assignment to which it was not a party. Expert Inspections, LLC v. United Property & Cas. Ins. Co., 2022 Fla. App. LEXIS 88 (Fla. Ct. App. Jan. 5, 2022).
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After its prior decision holding there was no coverage for faulty workmanship was remanded by the Michigan Supreme Court, the Court of Appeals remanded to the trial court. Skanska United States Bldg. v. M.A.P. Mech. Contrs., 2021 Mich. App. LEXIS 7336 (Mich. Ct. App. Dec. 28, 2021). The post summarizing the…
With the exception of one insurer with a virus exclusion, the court denied a motion to dismiss filed by various insurers business interruption claims related to COVID-19. AC Ocean Walk, LLC v. Am. Guar. and Liab. Ins. Co., No. ATL-L0703-21, Order (N.J. Super. Ct. Dec. 22, 2021)
AC Ocean Walk, LLC…
After issuing the insureds' summary judgment motion that COVID-19 invasion of the insureds' property constituted "direct physical loss or damage to property," the New Hampshire Superior Court granted the insurers' motion for an interlocutory appeal. Schleicher & Stebbins Hotels, LLC, et al. v. Starr Surplus Lines Ins Co, et al., No. 217-2020-CV-000309…
The Hawaii Supreme Court reversed the lower courts' denial of the insured's motion for leave to amend despite its being filed several years after the initial complaint. Carvalho v. AIG Hawaii Ins. Co., 2022 Haw. LEXIS 3 (Haw. Jan. 11, 2022).
Royden Kalavi died in an auto accident on September 23, 2005. The personal…
The appellate division reversed the lower court's dismissal of the subrogation action, deciding res judicata was not applicable. Cincinnati Ins. Co. v. Acadia Ins.Co., 2021 N.Y.App. Div. LEXIS 7272 (Dec. 23, 2021).
Irene Frey slipped and injured herself on property owned by 60 LBC. 60 LBC had retained Red Cedar…
The Ninth Circuit affirmed the district court's granting summary judgment to the insurer who did not issue the policy to the insureds. Steinhauer v. Liberty Mut. Ins. Co., 2021 U.S. App. 35457 (9th Cir. Dec. 1, 2021).
Sherrell and Joanne Steinhauser had a homeowner's policy issued by Liberty Insurance Corporation. The…
The court granted a motion to strike the insurer's new argument that the insured had made misrepresentations in its application for the policy. Great Lakes Ins. v. Gray Group Inves., LLC, 2021 U,S. Dist. LEXIS 243929 (E.D. La Dec. 22, 2021).
Gray Group sought coverage for its yacht, HELLO DOLLY…
