A commentary on insurance coverage issues in Hawaii and beyond
The insureds' suit against their agent for procuring an inadequate policy was dismissed with leave to amend. Pennington v. United States Assure Ins. Servs. of Fla, Inc., et al., 2025 U.S. Dist. LEXIS 82529 (N.D. Calif. April 30, 2025).
Plaintiffs Thomas and Kelli Pennington sued defendants US Assure Insurance Services…
The court found that even if the insured's negligent misrepresentations constituted an accident, the disclosures did not cause physical damage to the property. Wood v. USAA Cas. Ins. Co., 2024 U.S. Dist. LEXIS 180624 (D. S.C. Sept. 12, 2024).
The insured, Clinton Wood, purchased a townhome in January 2014. After…
The court agreed that the insurer had no potential liability under a policy where the insured allegedly concealed facts and made misrepresentations regarding the condition of the property it sold. State Farm Fire & Cas. Co. v. TFG Enterprises, LLC, 2021 Neb. LEXIS 27 (Neb. Feb. 19, 2021).
TFG sold…
The court approved the magistrate's decision granting a motion to amend the complaint against the broker for negligent misrepresentation and negligent misrepresentation. Ashford Locke Builders v. GM Contrs. Plus Corp., 2020 U.S. Dist. LEXIS 196646 (E.D. N. Y. Oct. 22, 2020).
The broker challenged the amended complaint, arguing that plaintiffs…
Having failed to adequately secure cyber coverage, the insured law firm's lawsuit was properly dismissed by the trial court on summary judgment. Johnson v. Smith Bros. Ins., LLC, 2020 Vt. Unpub. LEXIS 98 (Vt. Sept. 4, 2020).
The law firm attended a CLE seminar presented by the Vermont Attorneys…
The Missouri Court of Appeals reversed the trial court's ruling that the insured's policy did not cover claims based upon negligent misrepresentation. Am. Family Mut. Ins. Co. v. Sharon, 2020 Mo. App. LEXIS 123 (Mo. Ct. App. Feb. 4, 2020).
Robert Sharon sued Gregory and Kristine Schwenzer for, among other…
The court determined that there was a duty to defend despite the insurer's contention that no "occurrence" or "bodily injury" had been alleged. Zurich Am. Ins. Co. v. Electricity Main, LLC, 2019 U.S. App LEXIS 18074 (1st Cir. June 17, 2019).
Electricity Maine, LLC had a D&O policy with Zurich.
