A commentary on insurance coverage issues in Hawaii and beyond
The Fifth Circuit reversed the district court's granting of summary judgment to the insurer on a construction defect claim asserted against the insured. TIG Ins. Co. v. Woodsboro Farmers Cooperative, 2024 U.S. App. LEXIS 24003 (5th Cir. Sept. 20, 2024).
In March 2013, Woodsboro Farmers Cooperative contracted with E.F. Erwin, Inc.
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 federal district court held that the firearms retailer was not entitled to a defense for the underlying complaints that did not allege an occurrence. Granite State Ins. Co. v. Primary Arms, LLC, 2024 U.S. Dist. LEXIS 157201 (S.D. N. Y. Aug. 30, 2024).
Granite State Insurance Company and National…
The trial court determined the insurer had no duty to defend or indemnify for the insured's faulty workmanship in installing a heating and cooling system. Knoblich v. Erie Ins. Exchange, 2024 Pa. Super. Unpub. LEXIS 1899 (Pa. Super Ct. Aug. 5, 2024).
The Knobiches entered a contract with M&M HVAC…
The Fourth Circuit Court of Appeals reversed the District Court, holding that under Hawaii law, the insurer had a duty to defend based upon deposition testimony providing facts not found in the underlying complaint. Koppers Performance Chemicals, Inc. v. Argonaut-Midwest Ins. Co., 2024 U.S. App. LEXIS 15678 (4th Cir. June 27, 2024).
The Illinois Appellate Court affirmed the trial court's dismissal of the insured's complaint after damage caused by a leak of carbon monoxide caused bodily injury. Allied Design Consultants, Inc. v. Pekin Ins. Co., et al., 2024 Ill. Ct. App. LEXIS 1433 (June 18, 2024).
Carbon monoxide leaked in a building…
The Court of Appeals for the Seventh Circuit determined there was no duty to defend or to indemnify the additional insured for the named insured's defective work. St. Paul Guardian Ins. Co., et al. v. Walsh Construction Co., 99 F. 4th 1035 (7th Cir. 2024).
The City of Chicago contracted with…
The federal district court, interpreting Massachusetts law, found there were genuine issues of fact as to whether the insured's mixing of biodiesel with home heating fuel was an occurrence. United States Fire Ins. Co. v. Peterson's Oil Serv., Inc., 2024 U.S. Dist. LEXIS 106980 (D. Mass. June 17, 2024).
Homeowners…
The Eleventh Circuit affirmed the district court's finding of no duty to defend or indemnify because of an answer on the insured's application for insurance. Snell v. United Specialty Ins. Co., 2024 U.S. App. 12733 (11th Cir. May 28, 2024).
Snell was hired by a family, the Westons, to turn an…
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.
