A commentary on insurance coverage issues in Hawaii and beyond
The Ninth Circuit agreed the insurer suffered prejudice by the late notice from the insured and affirmed the denial of the claim. Stockton Mariposa, LLC v. West Am. Ins. Co., 2023 U.S. App. LEXIS 14787 (9th Cir. June 14, 2023).
Stockton submitted a claim for theft and vandalism of covered…
The court found there was no coverage for the insured's transmission to a foreign account held by someone who gained unauthorized access to the account. Construction Fin. Admin. Services, LLC v. Fed Ins. Co., 2022 U.S. Distl LEXIS 103042 (E.D. Pa. June 9, 2022).
The insured, Construction Financial Administration Services…
The court denied the insurer's motion for summary judgment on admittedly late notice because prejudice to the insured remained an issue of fact. Guzman v. Scottsdale Ins. Co., 2021 U.S. Dist. LEXIS 219625 (S.D. Fla. Nov. 15, 2021).
The insured first noticed water leaking into his kitchen from the roof during Hurricane…
The court found there was no coverage for the insureds' alleged negligent failure to construct a building. Evanston Ins. Co. v. DCM Contracting, 2020 U.S. Dist. LEXIS 63977 (N.D. Ga. Feb. 28, 2020).
Turning Point Church sued DCM Contracting for faulty workmanship on a construction project. Turning Point sent a…
The insurer's denial of coverage for receipt of late notice of a claim was upheld by the federal district court. Evanston Ins. Co. v. Yeager Painting, LLC, 2018 U.S. Dist. LEXIS 130316 (N.D. Ala. Aug. 3, 2018).
Yeager Painting was in the business of sandblasting and painting. Yeager Painting was hired…
