A commentary on insurance coverage issues in Hawaii and beyond
The court refused to dismiss the insured’s claim for hail damage based on late notice because the insurer failed to demonstrate it had suffered prejudice. Borene UMC v. Church Mut. Ins. Co., 2025 U.S. Dist. LEXIS 210767 (W.D. Texas Oct. 27, 2025).
Boerne UMC owned multiple buildings that were allegedly damaged during a hailstorm…
The Ninth Circuit overturned the district court's certification of a class challenging a life insurance company's closing of policies without notice for failure to pay premiums. Small v. Allianz Life Ins. Co. of N. Am., 2024 U.S. App. LEXIS 31231 (9th Cir. Dec. 10, 2024).
Provisions in California's Insurance Code…
The Eleventy Circuit reversed the district court's finding that the insurer had properly rejected the insured's supplemental claim. Great Lakes Ins. SE v. Concourse Plaza A Condomiium Association, Inc., 2024 U.S. App. LEXIS 8958 (11th Cir. April 15, 2024).
On September 10, 2017, Hurrican Irma struck Concourse Plaza's building, causing…
The California Court of Appeal held that because the insurer failed to send a cancellation notice to the adult child named in the auto policy as an insured, the policy remained in effect when the child was involved in an accident. Molinar v. 21st Century Ins. Co., 2024 Cal. App LEXIS 124…
Harvard College's claim for excess coverage was properly denied for failure to provide timely notice on a claims-made policy. President and Fellows of Harvard College v. Zurich Am. Ins. Co., 2023 U.S. App. LEXIS 20715 (1st Cir. Aug. 9, 2023).
Harvard had a one year liability policy with National Union…
The court found that an incomplete notice of the claim was insufficient to trigger coverage. Gray v. Fla. Peninsula Ins. Co., 2023 Flag. App. LEXIS 3406 (Fla. Ct. App. May 19, 2023).
Hurricane Irma damaged the insureds' roof when it struck on September 10, 2017. A Florida statute required that…
The court found that the failure to provide prompt notice of damage caused by Hurricane Irma barred plaintiff's claim for coverage. Garcia v. Scottsdale Ins. Co., 2022 U.S. Dist. LEXIS 149312 (S.D. Fla. Aug. 18, 2022).
On September 10, 2017, plaintiff's property allegedly suffered damage due to Hurricane Irma. Shortly…
The insurer's motion for summary judgment was granted based upon the insured's late notice nearly two years after a hurricane caused property damage. Ramirez v. Scottsdale Ins. Co., 2021 U.S. Dist. LEXIS 209716 (S.D. Fla. Oct. 29, 2021).
Plaintiff alleged he suffered property loss due to wind and water damage…
The insurer's motion for summary judgment to dismiss the claim because the insurer did not provide notice "as soon as practicable" was denied. Vintage Hospitality Group LLC v. Nat'l Trust Ins. Co., 2021 U.S. Dist. LEXIS 192651 (M.D. Ga. Oct. 6, 2021).
Vintage owned hotels, one of which was…
The insurer's motion for summary judgment seeking a determination that the insured's alleged hurricane damage was due to pre-existing loss was rejected by the court. Exhibit Network Int'l v. Union Ins. Co., 2021 U.S. Dist. LEXIS 114267 (S.D. Texas May 25, 2021).
The insured alleged that wind and rain from…
