The Eleventh Circuit recently held that the district court's order compelling appraisal and staying the proceedings pending appraisal was an interlocutory order that was not immediately appealable under 28 U.S.C. 1292 (a) (1). Positano Place at Naples Condominium Association, Inc. v. Empire Indem. Ins. Co., 2023 U.S. App. LEXIS 27961 (11th Cir.
California Court of Appeals Refuses to Lift Stay of Coverage Action Involving Opioid Crises
By Tred R. Eyerly on
The appellate court affirmed the trial court's order staying St. Paul's declaratory judgment action involving the defense of distributors of opioid to users. St. Paul Fire & Marine Ins. Co. v. AmerisourceBergen Corp., 2022 Ca. App. LEXIS 535 (Cal. Ct. App. June 20, 2022).
The trial court issued a stay…
Washington Federal District Court Grants Stay of COVID-19 Coverage Action
By Tred R. Eyerly on
To await a decision from the Washington Supreme Court, the federal district court stayed the COVID-19 coverage action pending before it. Reckless Enter. v. First Mercury Ins. Co., 2022 U.S. Dist. LEXIS 120832 (W.D. Wash. July 8, 2022).
Plaintiff owned and operated a restaurant that lost income during the height…
Hundreds of Coronavirus Coverage Cases Await Determination on Consolidation
By Tred R. Eyerly on
On July 30, 2020, the Judicial Panel on Multi-District Litigation (JPML) heard oral argument on the potential consolidation of all federal cases involving business interruption coverage relating to coronavirus and shut-down orders. A decision will be rendered in the near future.
Meanwhile, many cases are on hold, waiting for a determination…
Coronavirus Coverage Cases – Remands, Stays, and Actual Decision from Michigan
By Tred R. Eyerly on
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.
…
Cross-Claim Against Co-Insureds Dismissed Without Prejudice
By Tred R. Eyerly on
In a case related to Great Divide Ins. Co. v. Hawaiian Kamali`i, 2019 U.S. Dist. LEXIS 43106 (D. Haw. March 15, 2019) [post here], the Federal District Court for the District of Hawaii confronted issues created by a cross-claim for one of the purported insureds. United States Fire Ins. Co. v. …