A commentary on insurance coverage issues in Hawaii and beyond
The court granted the insured's motion for remand by finding a cognizable claim was asserted against the non-diverse agent. Kamovitch v. Am. Econ. Ins. Co., 2024 U.S. LEXIS 150295 (W.D. Pa. Aug. 22, 2024).
American Economy Insurance Company issued a homeowners policy to the insured. The insured alleged that he…
The federal district court for the district of Hawaii determined the insured's COVID-19 claims were novel and undecided by Hawaii state courts and remanded the case. Hawaii Theatre Center v. Am. Ins. Co., 2022 U.S. Dist. LEXIS 152836 (D. Haw. Aug. 25, 2022).
The Theatre sought coverage under its commercial…
While a district court can decline to exercise jurisdiction over a declaratory judgment action, here the declaratory claims were joined with an independent monetary claim. The insured filed a counterclaim for monetary relief, but only if the court first exercised jurisdiction over the insurer's claim for declaratory judgment. Could the district court still decline jurisdiction?
The Federal District Court for the District of Hawaii remanded the coverage case to state court after applying the Brillhart and Dizol factors. HK Holdings, LLC v. Avemco Ins. Co., 2021 U.S Dist. LEXIS 174039 (D. Haw. Sept. 14, 2021).
HK Holding was a limited liability company organized and existing…
The federal district court exercised its discretion under the Declaratory Judgment Act, declining jurisdiction over a case presenting claims arising from COVID-19. Marc Daniel Hospitality, LLC v. AmGuard Ins. Co., 2020 U.S. Dist. LEXIS 191956 (D. N.J. Oct 16, 2020).
Plaintiff operated an upscale sit-down restaurant and whiskey bar offering…
The federal district court found there was no diversity based upon joinder of the adjustor and granted the insured's motion for remand. Jada Rest. Grp., LLC v. Acadia Ins. Co., 2020 U.S. Dist. LEXIS 163296 (W.D. Tex. Sept. 8, 2020).
Plaintiff owned several restaurants. It held a business insurance policy…
The federal district court rejected a challenge to its diversity jurisdiction and rejected the insured's attempt to remand the COVID-19 claims back to state court. Vandelay Hospitality Group LP v. Cincinnati Ins. Co., 2020 U.S. Dist. LEXIS 149196 (N.D. Tex. Aug. 18, 2020).
Vandelay purchased a commercial property policy from…
The district court refused to remand plaintiff's claim for business losses due to COVID-19 shut down orders. Mark's Engine Co. No. 28 Restaurant, LLC v. Traveler's Indem. Co. of Conn., 2020 US. District. LEXIS 132841 (C.D. Calif. July 27, 2020).
Plaintiff restaurant sued Traveler's in state court. Los Angele Mayor…
The federal district court remanded to state court a loss of rent claim because the amount in controversy requirement was not met. Geragos & Geragos Fine Arts Bldg., LLC v. Travelers Indemn. Co., 2020 U.S Dist. LEXIS 127427 (C.D. Cal. July 20, 2020).
Geragos suffered loss of rental income due…
Early decisions are starting to appear where insurers have denied coverage for business interruption after shut downs due to the coronavirus. Most of these early decisions address procedural issues, but a trial court in Michigan recently granted the insurer's motion to dismiss a claim for business interruption due to mandated closures.
…
