A commentary on insurance coverage issues in Hawaii and beyond
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…
The court determined there was no coverage for an adverse arbitration decision suffered by the insured in a construction defect case. Am. Fire and Cas. Co. v. Unforgettable Coatings, Inc., 2023 U.S. Dist. LEXIS 64846 (D. Nev. April 13, 2023).
Unforgettable contracted with Muirfield Village Homeowner's Association for painting and…
The court denied the insurer's motion for partial summary judgment seeking to dismiss the insured's claim for bad faith in handling his claim. Davis v. Allstate Indem. Co., 2022 U.S. Dist. LEXIS 93475 (C.D. Cal. April 15, 2022).
On February 5, 2012, Terry Davis had an auto policy with Allstate…
The court granted the insurer's motion to dismiss the bad faith claim based upon allegations of a general business practice of acting recklessly toward an insured's rights under the policy. Sandpiper Isle Condo. Ass'n v. Empire Indem. Ins. Co., 2022 U.S. Dist. LEXIS 114279 (M.D. Fla. June 28, 2022).
Sandpiper…
Interpreting Connecticut law, the federal district court had that the insured sub-contractor was entitled to a defense. County Wide Mech. Servs. LLC v. Regent Ins. Co., 2022 U.S. Dist. LEXIS 86726 (D. Conn. May 13, 2022).
The underlying plaintiff, The Saybrook at Haddam, entered a contract with PAC Group to…
The Fourth Circuit upheld the district court's decision that a collapse was covered, but reversed the denial of treble damages to the insured. DENC, LLC v. Phila. Indem. Ins. Co., 2022 U.S. App. LEXIS 10443 (4th Cir. April 18, 2022). The district court decision was summarized here.
DENC owned…
Under Florida law, the court granted the insurer's motion in limine to exclude evidence of bad faith until a breach of the policy was established, but denied the motion insofar as it sought to exclude evidence of bad faith claims handling. Monterey at Malibu Bay Condo. Ass'n v. Empire Indem. Ins. Co.…
