A commentary on insurance coverage issues in Hawaii and beyond
The court found that the insured hair salon and barbershop plausibly alleged an entitlement to coverage for lost business income when the government orders restricted use of the property as intended. Seifert v. IMT Ins. Co., 2021 U.S. Dist. LEXIS 103420 (D. Minn. June 2, 2021).
Plaintiff's business was ordered…
The insurer's argument that the insured restaurants' claim for business interruption due to COVID-19 should be dismissed because there was no physical damage to the structure was rejected by the federal district court in Alabama. Serendipitous, LLC v. Cincinnati Ins. Co., 2021 U.S. Dist. LEXIS 86998 (N.D. Ala. May 6, 2021).
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The Federal District Court for the Easter District of Texas rejected the insurer's motion for judgment on the pleadings on the insured's claim for losses due to the coronavirus. Cinemark Holdings, Inc. v. Factory Mut. Ins. Co., 2021 U.S. Dist. LEXIS 90124 (E.D. Tex. May 5, 2021).
Cinemark operated the…
When sued for construction defects caused by the subcontractor, the general contractor was granted summary judgment on the issue of coverage under the subcontractor's policy. Meritage Homes of Ga. v. Grange Ins. Co., 2021 U.S. Dist. LEXIS 84591 (N.D. Ga. March 23, 2021).
Meritage built a home for the…
The Ninth Circuit found that a California statute excluding coverage for alleged violation of consumer protection laws did not violate due process. Adir Int'l, LLC v. Starr Indem. & Liability Co., 2021 U.S. App,. LEXIS 10756 (9th Cir. April 15, 2021).
Adir operated a retail chain called Curacao. In 2017…
The insured's coverage suit seeking the defense and indemnity of the underlying action pursued by Kona coffee growers was transferred from the Western District of Washington to the Western District of Michigan. Kihnke v. Liberty Mutual Ins. Corp., 2021 U.S. Dist. LEXIS 71991 (W.D. Wash. April 14, 2021).
The insured…
The court denied both parties' motions for partial judgment on the pleadings seeking clarification of the policy's contamination exclusion. Thor Equities, LLC v. Factory Mut. Ins. Co., 2021 U.S. Dist. LEXIS 62967 (S.D. N.Y. March 31, 2021).
Thor was a commercial landlord, renting properties across the country to hundreds of…
The Pennsylvania trial court granted summary judgment on the dentist's business interruption claim due to closure caused by COVID-19. Ungarean v. CNA, 2021 Pa. Dist. & Cnty. Dec. LEXIS 2 (Pa. D.& C. March 22, 2021).
The governor issued mandates restricting the operations of certain types of businesses in Pennsylvania…
The 2021 legislative session has adjourned with three insurance-related bills passed and sent to the governor. The bills are as follows:
SB1096 – The bill makes several additions to the Insurance Code, Chapter 431. It includes various consumer protections with regard to public adjusters. The bill requires contractual terms and disclosures…
The appellate court found that cross-motions for summary judgment filed by the insured and insurer for a claim arising from computer fraud were properly denied. G&G Oil Co. of Ind. v. Cont'l W. Ins. Co., 2021 Ind. LEXIS 182 (Ind. March 18, 2021).
G&G Oil discovered one morning it was…
