A commentary on insurance coverage issues in Hawaii and beyond
The federal district court granted preliminary approval of the class action settlement reached on behalf of insureds who suffered property damage due to the 2018 Kilauea eruption on the Big Island. Aquilina v. Certain Underwriters at Lloyd's London, 2021 U.S. Dist. LEXIS 152614 (D. Haw. Aug. 13, 2021).
After destruction…
The Texas Supreme Court ordered that a Rule 30 (b) (6) deposition could go forward with appropriate limitations. In re USAA Gen. Indem. Co., 2021 Tex. LEXIS 540 (Tex. June 18, 2021).
Frank Wearden was insured under a automobile policy issued by USAA. Wearden was involved in a car accident…
The court found the insured was not covered for losses caused by Hurricane Laura due to the implementation of the policy's anti-concurrent causation clause. Aegis Sec. Ins. Co. v. Lejeune, 2021 U.S. Dist. LEXIS 106804 (W. D. La. June 7, 2021).
At the time of the hurricane, the insureds' home was…
The court denied the insurer's motion to strike class action allegations in the insureds' complaint seeking to establish business interruption claims under the insurer's policy. Legacy Gymnastics, LLC v. Arch Ins. Co., 2021 U.S. Dist. LEXIS 108242 (W.D. Mo. June 9, 2021).
In its putative class action, Legacy alleged that Arch…
After denying Society Insurance's motions to dismiss business interruption claims, the court rejected Society's motion to certify the order for an interlocutory appeal under 28 U.S.C. Sec. 1292 (b). In re Soc'y Ins. Co. COVID-19 Bus. Interruption Protection Insurance Litigation, 2021 U.S. Dist. LEXIS 111217 (N.D. Ill. June 15, 2021).
Plaintiffs…
The court granted the insured's motion for partial summary judgment, allowing an appraisal to go forward even with outstanding coverage issues in dispute. DC Plastic Products Corp. v. Westchester Surplus Lines Ins. Co., 2021 U,.S. Dist. LEXIS 95908 (D. N.J. May 19, 2021).
DC Plastic's property was damaged by Superstorm…
The insured successfully alleged that the presence of virus particles in its gym constituted a loss, allowing it to survive the insurer's Motion to Dismiss the business interruption claims. Brown's Gym, Inc. v. The Cincinnati Ins. Co., No. 20-3113 (Pa. Ct. Cm Pl. July 13, 2021).
The insured contended that…
In what appears be the first federal appellate decision on COVID-19 business interruption claims, the Eighth Circuit affirmed the district court's dismissal of the insured's claim based upon closure due to the pandemic. Oral Surgeons, P.C. v. Cincinnati Ins. Co., 2021 U.S. App. LEXIS 19775 (8th Cir. July 2, 2021).
…
The Colorado Supreme Court determined that the insurer defending under a reservation of rights could not intervene in the underlying case after the insured assigned its rights to any bad faith claim against the insurer. Auto-Owners Ins. Co. v. Bolt Factory Lofts Owners Ass'n, Inc., 2021 Colo. LEXIS 365 (Colo. May 24…
The Rhode Island Superior Court denied the insurer's motion to dismiss a claim under Civil Authority coverage related to closures of business due to COVID-19. Atwells Realty Corp. v. Scottsdale Ins. Co., 2021 R.I. Super. LEXIS 40 (R.I. Super. Ct. June 4, 2021).
Atwells operated a nightclub. Executive Orders issued…
