A commentary on insurance coverage issues in Hawaii and beyond
The insurer's efforts to exclude two of the insured's experts in a collapse case were unsuccessful. Hudon Specialty Ins. Co. v. Talex Enterprises, LLC, 2019 U.S. Dist. LEXIS 150148 (S.D. Miss. Sept. 4, 2019).
The insureds' building collapsed. The remaining portions of the building required immediate stabilization. The insureds hired…
Facing yet another collapse claim based upon alleged poorly mixed cement, the Federal District Court in Connecticut denied the insurer's motion to dismiss. Oliveria v. Safeco Ins Co., 2019 U.S. Dist. LEXIS 147256 (D. Conn. Aug. 29, 2019).
In 1993, the insureds' purchased their home that had been built in…
The insurer unsuccessfully moved for summary judgment seeking to reject the insured's collapse claim. Gnannn v. United Servs. Auto, Ass'n, 2019 Conn. Super. LEXIS 1955 (Conn. Super Ct. July 11, 2019).
The insureds' home was built in 1985 and they purchased their home in 1993. A home inspection reported that…
Despite the need to shore up the ceiling, the building was not in a state of collapse under the language of the policy. Ravinia Vouge Cleaners v. Travelers Cas. Ins. Co. of Am., 2019 U.S. Dist. LEXIS 123594 (N.D. Ill. July 24, 2019).
Ravinia Cleaners held a property policy issued…
The court granted the insured's motion to strike the testimony of the insurer's expert because the opinion lacked sufficient explanation or analysis. Affinity Mut. Ins. v. Thacker Air Conditioning Refrigeration Heating, 2019 U.S. Dist. LEXIS 84713 (N.D. Ind. May 20, 2019).
The insured owned a market that needed renovations. The…
The partial collapse of an exterior brick veneer of an apartment building was found not to be covered under the apartment policy. Keyser v. State Farm Fire & Cas. Co., 2019 U.S. Dist. LEXIS 81194 (W.D. Pa. May 14, 2019).
Norene Keyser was insured by State Farm for a six-unit…
The insured sued for conversion of his premiums after the insurer denied its claim for collapse of a retaining wall. Lead GHR Enterprises, Inc. v. Am States Ins. Co., 2019 U.S. Dist. LEXIS 29412 (D. S. D. Feb. 25, 2019).
Suit was filed after the insured's claim was denied. Cross…
Cross-motions for summary judgment designed to determine coverage for the Church’s collapse claim were both denied. Bethel Missionary Baptist Church v. S. Must. Church Ins. Co., 2019 U. S. Dist. LEXIS 24705 (W. D. N. C. Feb. 15, 2019).
The Church sought summary judgment on its claim for bad faith, arguing that…
The policy's requirement that collapse constitute an abrupt falling down of the building barred coverage for the homeowner. Marigliani v. Citizens Ins. Co. of Am., 2019 Conn. Super. LEXIS 137 (Conn Super. Ct. Feb. 1, 2019).
The plaintiffs' hoe was built in 1985 and they purchased it in 2001. A…
Partial dismissal of the insured's complaint seeking consequential damages for the insurer's bad faith was granted by the court. Bryant v. General Cas. Co., 2019 U.S. Dist. LEXIS 15369 (N.D. N.Y. Jan. 30, 2019).
Bryant purchased from General Casualty Company of Wisconsin (GCCW) a commercial property and casualty policy to…
