A commentary on insurance coverage issues in Hawaii and beyond
After the insured's attempted launch failed and coverage was denied. the insured's motion for judgment on the pleadings was unsuccessful. United Launch Alliance, LLC v. Factory Mut. Ins. Coverage, et al., 2024 U.S. Dist. LEXIS 210380 (S.D. N. Y. Nov. 18, 2024).
United Launch Alliance, LLC (United) was a launch…
The court granted the insured's motion for summary judgment, finding a duty to defend was owed because the policy's Sexual Misconduct Exclusion was ambiguous. Powers v. Certain Underwriters at Lloyd's London, 2024 U.S. Dist. LEXIS 153265 (D. Nev. Aug. 26, 2024).
Plaintiff was sexually assaulted while walking to her apartment.
The insurer's motion for summary judgment seeking to dispose of the insured's claim for collapse was denied. Life Skills, Inc. v. Harleysville Ins. Co., 2024 U.S. Dist. LEXIS 143658 (D. Mass. Aug. 13, 2024).
Life Skills was a non-profit social service agency providing residential and day habilitation services to adults…
The California Court of Appeal affirmed the trial court's finding that the policy covered a worker's injuries despite the Contractor's Exclusion. Cal. Spec. Insulation . Allied Work Surplus Lines, Ins. Co., 2024 Cal. App. LEXIS 317 (Cal. Ct. App. May 17, 2024).
Air Control Systems, Inc. was retained by a…
The federal district court denied the insurer's motion to dismiss the hotel's claim for business interruption coverage. Sunstone Hotel Investors, Inc. v. Endurance Am. Spec. Ins. Co., No. SACV 20-02185, (C.D. Cal. Feb. 26, 2021).
From February 24 to 27, 2020, the insured hotel hosted an international meeting of leaders…
Finding the exclusion relied upon by the insurer was ambiguous, the Fourth Circuit affirmed the district court's ruling that a duty to defend was owed. Mariam, Inc. v. Universal Underwriters Ins. Co., 2020 U.S. App. LEXIS 15658 (4th Cir. May 15, 2020)
Tamara Darvish Fallahi sued her father, his company, and…
The Second Circuit reversed the District Court's issuance of summary judgment to the insurer because a windstorm exclusion was deemed ambiguous. 7001 East 71st Street, LLC v. Continental Cas. Co., 2018 U.S. App. LEXIS 17334 (2nd Cir. June 26, 2018).
A windstorm during Hurricane Sandy caused the roof of 7001…
