The United State Supreme Court ruled that the divorced spouse of an insured under a life insurance policy had no constitutional challenge against a state statute that revoked her status as a beneficiary upon the insured's death. Sveen v. Melin, 584 U.S. ___ (2018), 2018 U.S. LEXIS 3503 (U.S. June 11, 2018).
Issues of Fact Require Denial of Insurer’s Summary Judgment Motion in Collapse Case
By Tred R. Eyerly on
The insurer's motion for summary judgment to establish there was no coverage for the collapse of the front wall in the insured's home was denied. Desvarieux v. Allstate Prop. & Cas. Ins. Co., 2018 US. Dist. LEXIS 71230 (E.D. Pa. April 26, 2018).
After the front wall collapsed, a claim…
Exclusion Precludes Cyber Coverage
By Tred R. Eyerly on
The insured's Computer Fraud policy failed to provide coverage for a fraudulent email scheme based upon an exclusion barring coverage where an authorized person entered the insured's computer system. Aqua Star Untied States Corp. v. Travelers Cas. & Sur. Co. of Am., 2018 US. App. LEXIS 9660 (9th Cir. April 17, 2018). …
Battle of Experts Cannot Be Decided on Summary Judgment
By Tred R. Eyerly on
When two competing experts disagreed on the cause of the loss, the trial court erred in granting summary judgment to the insurer. Garcia v. Firs Community Ins. Co., Fla. App. LEXIS 4237 (Fla. Ct. App. March 28, 2018).
Garcia, the homeowner, discovered water damage in his home, allegedly due to…
Coverage Found for Water Damage Caused by Collapsed Plumbing System
By Tred R. Eyerly on
The Eleventh Circuit, following Florida law, reversed the district court's granting of summary judgment to the insurer for water damage caused by a collapse in the dwelling's plumbing system. Cameron v. Scottsdale Ins. Co., 2018 U.S. App. LEXIS 9800 (11th Cir. April 16, 2018).
A pipe in the plumbing system…
Under “Nature of The Event” Test, Intentional Shooting Not Covered
By Tred R. Eyerly on
The Supreme Court of Idaho found that the intentional shooting by a care-taker in the insureds' campground was not covered under the CGL policy. Farm Bureau Mut. Ins. Co. of Idaho v. Cook, 2018 Idaho LEXIS 71 (Idaho March 30, 2018).
The insureds allowed people to use a lake and…
Court Adopts Magistrate’s Recommendation to Deny Insurer’s Summary Judgment Motion in Collapse Case
By Tred R. Eyerly on
The district court accepted the magistrate's recommended ruling denying the insurer's motion for summary judgment on breach of contract and bad faith claims in a case involving collapse. Jang v. Liberty Mut. Fire Ins. Co., 2018 U.S. Dist. LEXIS 51880 (D. Conn. March 27, 2018).
After purchase of their home…
Insurer Must Defend Contractor Against Claims of Faulty Workmanship
By Tred R. Eyerly on
The magistrate judge recommended that the insurer's motion for summary judgment seeking to determine there was no coverage for claims of faulty workmanship be denied. Greystone Multi-Family Builders v. Gemini Ins. Co., 2018 U.S. Dist. LEXIS 56770 (S.D. Tex. Feb. 26, 2018).
TPG (Post Oak) purchased an OCIP policy to…
Hawaii Legislature Passes Six Insurance-Related Bills
By Tred R. Eyerly on
The 2018 session of the Hawaii Legislature recently concluded after enacting six insurance-related measures. Each of the bills have been sent to the governor for signature.
Health insurance was the subject of four new measures:
HB1520: The bill prohibits an insurer from renewing or re-enrolling an individual in…
Coverage for Loss Caused by The Big Island’s Volcanic Eruptions
By Tred R. Eyerly on
Spring brought to the Puna District of the Big Island numerous volcanic eruptions causing extensive loss of property. As of late May, the lava was moving at a speed to cover six football fields an hour according to the U.S. Geological Survey. Two dozen recent fissures have created lava fountains and explosions during the…