A commentary on insurance coverage issues in Hawaii and beyond
The court granted the insurer's motion to dismiss the insured's claim for water damage under a homeowners' policy, but granted leave to amend. Thompson v. State Farm Gen. Ins. Co., 2024 U.S. Dist. LEXIS 98486 (C.D. Cal. June 3, 2024).
The insureds' first amended complaint alleged they "suffered a sudden…
The court denied the insurer's motion for summary judgment seeking to dismiss the insured's bad faith claim. Landmark Am. Ins. Co. v Esters, 2024 U.S Dist LEXIS 93008 (W.D. La. May 23, 2024).
The case arose out of circumstances occurring due to Hurricane Laura making landfall on August 27, 2020.
The Tenth Circuit affirmed the district court's grant of summary judgment to the insurer on the insured's claims for collapse and bad faith. Christopher M. Wolpert Saddletree Holding, LLC v. Evanston Ins. Co., 2024 U.S. App. LEXIS 10377 (10th Cir. April 30, 2024).
On May 7, 2019, Saddletree filed a…
The Fifth Circuit reversed the district court's grant of summary judgment in favor of the insurer on a cyber risk claim. Southwest Airlines Co. v. Liberty Ins. Underwriters, Inc., 2024 U.S. App. LEXIS 996 (5th Cir. Jan. 16, 2024).
Southwest suffered a massive computer failure, which resulted in a three-day…
The Ninth Circuit affirmed the district court's ruling against the insured and imposed sanctions on the insured's lawyer for pursuing a coverage argument the court had previously rejected. Uyanik v. Wawanesa General Insurance Co., 2023 U.S. App. LEXIS 31642 (9th Cir. Nov. 30, 2023).
The Ninth Circuit affirmed dismissal of…
The Hawaii Intermediate Court of Appeals reversed the trial court's grant of summary judgment to the health insurer, reinstating the insured's claims for bad faith and emotional distress. Groeger v. Kaiser Foundation Health Plan, Inc., 2023 Haw. App. LEXIS 308 (Haw. Ct. App. Aug. 29, 2023).
In March 2012, Christian…
While agreeing with the insured there was a duty to defend, the court determined the defense of an environmental claims was limited to $100,000. Casa Nido Partnership v. JAE Kwon, 2023 U.S. Dist. LEXIS 97701 (N.D. Calif. June 5, 2023).
In 1976, Casa Nido purchased the property and remains the…
The court granted summary judgment to the insurer on the insured's claim for bad faith due to denial of the claim. Treigle v. State Farm Fire and Cas. Ins. Co., 2023 U.S. Dist. LEXIS 87786 (E.D. La. May 19, 2023).
The insured's home sustained serious water damage due to Hurricane…
The magistrate judge recommended that the insurer's motion for summary judgment be denied, finding a material issue of fact regard the cause of loss after Hurricanes Laura and Delta. Armstrong v. Amguard Ins Co., 2023 U.S. Dist. LEXIS 76869 (E.D. Texas, April 14, 2023).
The policy excluded damage caused by…
The court found there was no coverage for wind damage under a policy that expressly stated it did not cover windstorm. Chesnutt v. Southern Pilot Ins. Co., 2023 U.S. Dist. LEXIS 66900 (E.D. N.C. April 17, 2023).
The Chesnutts had a policy issued by Southern Pilot that stated in bold…
