A commentary on insurance coverage issues in Hawaii and beyond
In answering a certified question from the Ninth Circuit, the Alaska Supreme Court determined that an insured could reasonably expect coverage for injuries resulting form exposure to carbon monoxide from an improperly installed home applicance.
Josiah Wheeler rented a cabin owned by Deborah Overly and Terry Summers. While living in the…
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 Ninth Circuit certified a question on the interpretation of the pollution exclusion to the Alaska Supreme Court. Estate of Joshua Wheeler v. Garrison Prop. and Cas. Ins. Co., 2023 U.S. App. LEXIS 23648 (9th Circuit Sept. 6, 2023).
Josiah Wheeler moved into a cabin owned by Deborah Overly and…
The court found there was no coverage for a misrepresentation claim against the insured sellers of a residence. Am. Family Mut. Ins. Co. v. Coyne, 2022 U.S. Dist. LEXIS 186417 (E.D. Mo. Oct. 12, 2022).
Aaron and Tobi Beckman purchased a home from Denise Coyne. The Bockmans alleged in the…
After several city citations and the eventual demolition of the insureds' apartment building, their claim for coverage based on collapse was unsuccessful. Barker v. AmGuard Ins. Co., 2022 U.S. Dist. LEXIS 202069 (W.D. Mo. Nov. 7, 2022).
The plaintiffs purchased a three-story multi-family apartment building on March 9, 2009. Prior…
The Texas Court of Appeals affirmed the trial court's granting of summary judgment to the insurer because the appeal failed to challenge the exclusion under which the insurer found no coverage. Sosa v. Auto Club Indemn. Co., 2022 Tex. App. LEXIS 6520 (Tex. Ct. App. Aug. 30, 2022).
Sosa's house…
The federal district court for the district of Hawaii granted the insurer's motion for summary judgment determining there was not duty to defend and no duty to indemnify the insured under a homeowner's policy. Allstate Ins. Co. v. Rosfeld, 2022 U.S. Dist. LEXIS 139123 (D. Haw. Aug. 4, 2022).
The…
The Florida Court of Appeals affirmed the trial court's ruling that the homeowner policy's sub-limit for water damage included tear-out costs. Sec. First Ins. Co. v. Vazquez, 2022 Fla. App. LEXIS 1205 (Fla. Ct. App. Feb. 18, 2022).
A discharge of water from the cast iron pipes caused damage to…
The Ninth Circuit affirmed the district court's granting summary judgment to the insurer who did not issue the policy to the insureds. Steinhauer v. Liberty Mut. Ins. Co., 2021 U.S. App. 35457 (9th Cir. Dec. 1, 2021).
Sherrell and Joanne Steinhauser had a homeowner's policy issued by Liberty Insurance Corporation. The…
The federal district court, district of Hawaii, stayed the coverage action to allow the underlying state court action to proceed, United States Fire Ins. Co. v. Prieto, 2020 U.S. Dist. LEXIS 106676 (D. Haw. June 18, 2020).
In the underlying action, Aerica Cates sued defendant Prieto and the State of…
