A commentary on insurance coverage issues in Hawaii and beyond
The Ninth Circuit affirmed the district court's granting of summary judgment to the insurer, agreeing there was no coverage for the defendant in a wrongful death action. National Fire & Marine Ins. Co. v. Hampton, 2020 U.S. App. 33215 (9th Cir. Oct 21, 2020).
The wrongful death compliant alleged, and…
Having failed to adequately secure cyber coverage, the insured law firm's lawsuit was properly dismissed by the trial court on summary judgment. Johnson v. Smith Bros. Ins., LLC, 2020 Vt. Unpub. LEXIS 98 (Vt. Sept. 4, 2020).
The law firm attended a CLE seminar presented by the Vermont Attorneys…
A Washington state trial court denied the insurer’s motion to dismiss the insured’s business interruption and civil authority claims arising from COVID-19. Hill and Stout PLLC v. Mutual of Enumclaw Ins. Co., No. 20-2-0725-1 (Wash. Super. Ct. Nov. 13, 2020). The case is here.
Plaintiff Hill and Stout PLLC (H&S) was …
In responding to a certified question from the Ninth Circuit, the Hawaii Supreme Court determined that a permissive user was entitled to uninsured motorist benefits under the chain of events test when injured by an uninsured motorist. State Farm Mut. Auto. Ins. Co. v. Mizuno, 2020 Haw. LEXIS 359 (Haw. Nov. 20, 2020). …
The Hawaii Intermediate Court of Appeals reversed the trial court's granting of summary judgment to the insurer on the insured's bad faith claim. Carvalho v. AIG Hawaii Insurance Company, Inc., 2020 Haw. App. LEXIS 382 (Haw. Ct. App. Nov. 16, 2020).
Plaintiff Carvalho's son was killed in a two-car accident.
Insurance Law Hawaii is thirteen years this week, 1453 posts later. We began in December 2007.
We strive to keep readers abreast of new developments in cases from Hawaii and across the country. Coverage issues in the past year have been dominated by COVID-19 and business interruption claims. This trend will likely continue over the…
The federal district court exercised its discretion under the Declaratory Judgment Act, declining jurisdiction over a case presenting claims arising from COVID-19. Marc Daniel Hospitality, LLC v. AmGuard Ins. Co., 2020 U.S. Dist. LEXIS 191956 (D. N.J. Oct 16, 2020).
Plaintiff operated an upscale sit-down restaurant and whiskey bar offering…
Among the recent decisions dismissing complaints for business interruption and civil authority coverage due to closures caused by COVID-19 are Pappy's Barber Shops, Inc. v. Farmers Group, Inc., 2020 U.S. Dist. LEXIS 166808 (S.D. Calif. Sept. 11, 2020) and Sandy Point Dental v. Cincinnati Insurance Co., 2020 U.S. Dist. LEXIS 171979…
The insured's claim for the cancellation of a beer order due to COVID-19, leading to its spoiling, was not covered for loss of business income. Harvest Moon Distributors, LLC v. Southern-Owners Ins. Co., 2020 U.S. Dist. LEXIS 189390 (M.D. Fla. Oct. 9. 2020).
Harvest Moon purchased beer under a contract…
The manufacturer of roofing and waterproofing systems was unsuccessful in securing coverage for alleged faulty workmanship due to the "your work" and "your product" exclusions. Siplast, Inc. v. Emplrs Mut. Cas. Co., 2020 U.S. Dist. LEXIS 176539 (N.D. Texas Sept. 25, 2020).
Siplast was sued in New York by…
