A commentary on insurance coverage issues in Hawaii and beyond
The federal district court in California dismissed the business interruption claim arising from COVID-19 by a Hawaii store chain. Water Sports Kauai v. Fireman's Fund Ins. Co., 2020 U.S. DIst. LEXIS 209547 (N.D. Cal. Nov. 9, 2020).
Sand People closed its twelve stores on three islands six months ago due …
After the victim incurred injury inflicted by an insured party, the Alaska Supreme Court determined that the insurer owed no duty to the injured party. Martinez v. Government Employees Ins. Co., 2020 Alaska LEXIS 111 (Alaska Sept. 4, 2020).
Joshua Martinez lost control of his truck and crashed into Charles…
The court dismissed the insured business interruption and civil authority claims due to the policy's virus exclusion. Franklin EWC, Inc. v. Hartford Fin. Servs. Group, 2020 U.S. 174010 (N.D. Calif. Sept. 22, 2020).
Franklin operated the European Wax Center. It was forced to close on March 19, 2020, due to State…
Following its earlier decision, the federal district court rejected the insurer's motion to dismiss claims for business interruption due to closure orders caused by COVID-19. Blue Spring Dental Care, LLC v. Owners Ins. Co., 2020 U.S. Dist. LEXIS 172639 (W.D. Mo. Sept. 21, 2020).
Plaintiffs were four dental clinics impacted…
The Federal District Court, District of Hawaii, continued it long line of cases finding no coverage for claims of faulty workmanship. Nautilus Ins. Co. v. Summary Judgment RMB Enters., 2020 U.S. Dist. LEXIS 200468 (D. Haw. Oct. 28, 2020).
Property owners entered a construction contract with RMB Enterprises to develop…
The insurer successfully established on summary judgment that the insureds' alleged misrepresentation in the sale of a condominium was not an occurrence. Novak v. St. Maxent-Wimberly House Condo., 2020 U.S. Dist. LEXIS 167397 (E.D. La. Sept. 14, 2020).
State Farm issued the sellers a condominium unit owner's policy. The buyers…
The insureds’ motion for summary judgment seeking coverage for business interruption due to the COVID-19 pandemic was granted by the North Carolina Superior Court. North State Deli, LLC, et al. v. The Cincinnati Ins. Co., No. 20-CVS02569, Order Granting Plaintiffs’ Motion for Partial Summary Judgment (Super. Ct. N.C., entered Oct. 9…
Resolving a dispute on whether damage was limited to "that particular part of real property," the court found in favor of the insured for purposes of defending the claim. Nash St., LLC v. Main St. Am. Assur. Co., 2020 Conn. LEXIS 197 (Conn. Sept. 1, 2020).
Plaintiff's property needed repairs…
A Florida federal district court denied the insurer's motion to dismiss the insured's COVID-19 business interruption claim despite the policy's virus exclusion. Urogynecology Specialist of Fla. LLC v. Sentinel Ins. Co., 2020 U.S. Dist. LEXIS 184744 (M.D. Fla. Sept. 24, 2020).
Due to emergency orders caused by the COVID-19 pandemic…
The federal district court found there was no diversity based upon joinder of the adjustor and granted the insured's motion for remand. Jada Rest. Grp., LLC v. Acadia Ins. Co., 2020 U.S. Dist. LEXIS 163296 (W.D. Tex. Sept. 8, 2020).
Plaintiff owned several restaurants. It held a business insurance policy…
