Topics Actual Cash Value Insurer Granted Summary Judgment After Insured Fails to Provide Actual Cash Value of LossInsured's Failure to Determine Depreciation When Presenting Claim for Replacement Cost Value Additional Insured Insured's Motion to Amend Granted, Destroying DiversityInsured's Motion to Dismiss Insurer's Counterclaim Rejected as Premature Administrative ABA Insurance Coverage Litigation Committee Seminar Set for TucsonABA's ICLC Insurance Conference Advertising Injury Insured Sued for Facilitating Sex Trafficking of Minors at its Hotel Entitled to a DefenseContrasting Expert Opinions Result in Denial of Cross Motions for Summary Judgment Aggregates Dispute Over Policy's Aggregate Limit AddressedFaulty Workmanship Claims Amount to Multiple Occurrences All-Risk Policy Insured Does Not Prevail on Summary Judgment Motion Invoking Ensuing Loss ProvisionInadequate Coverage for Lease Building Becomes Apparent After Loss Allocation Colorado Court Addresses Cooperation Clause and Exhaustion of Auto PoliciesInsurer Entitled to Equitable Contribution from Other Insurer Appraisal No Bad Faith Despite Insurer's Appraisal Award Exceeding Initial PaymentAppraisal Appropriate Where Parties Disagree on Amount of Loss Despite Unresolved Coverage Issues Assignment Workers' Compensation Exclusion Bars CoverageAssignment of Claim not Precluded by Policy's Anti-Assignment Clause Attorneys' Fees Insurer's Motion in Limine Granted in Part, Denied in PartInsurer's Declaratory Relief Action on Duty to Indemnify Dismissed Automobile Washington Court Rules Insurer's Payment of UIM Claim Does not Extinguish Extracontractual Damage ClaimEmployee of Insured Cannot Pursue Breach of Contract and Bad Faith Claims After Insurer's Failure to Pay Uninsured Motorist Coverage Aviation Insurance Insured's Failure to Comply with Pilot's Warranty Negates Aviation Coverage Bad Faith Insurer's Motion to Dismiss Bad Faith Claim DeniedInsured is Third Party Beneficiary of Forced-Place Policy Broker's Negligence Insured's Motion to Amend Granted, Destroying DiversityInsured's Claims against Broker for Inadequate Coverage Dismissed Burlington Hawaii Court Finds No Bad Faith, But Negligent Misrepresentation Claim Survives Summary Judgment in Construction Defect ActionJudge Kobayashi Determines No Coverage for Construction Defect Claim Business Interruption Soot Constitutes Property DamageCOVID-19 Claim for Business Interruption Dismissed with Leave to Amend Complaint Business Risk Exclusions Insurer Must Defend Portions of Claim Arising from Alleged Faulty WorkmanshipBusiness Risk Exclusion Dooms Coverage for Construction Defect Claim Chinese Drywall Is There Direct Physical Loss Under A Property Policy When Cornavirus is Present?No Coverage For Damage Caused by Chinese Drywall Choice of Law South Carolina District Court Finds No Duty to Defend Under Hawaii LawNew York Court Denies Injunction to Prevent Out-of-State Suit Claims Made Policies Harvard's Claim Rejected for Untimely NoticeSEC Inquiries Not an Administrative Proceeding or Covered Claim Collapse Insured General Contractor Prevails on Motion for Summary Judgment to Establish Builder's Risk CoverageInsurer Cannot Raise Issues on Appeal that Were Not Presented to the Trial Court Comprehensive General Liability Professional Services Exclusion Found InappicableUnderlying Complaint's Allegations Confirm Insurer Has No Duty to Defend Construction Defects Insured's Motion to Dismiss Insurer's Counterclaim Rejected as PrematureWisconsin Supreme Court Finds Coverage Under Ensuing Loss Provisions Contract Exclusion Anti-Concurrent Causation Clause Prevents Coverage for CollapseEndorsements Preclude Coverage for Alleged Faulty Workmanship COVID-19 Vacant Building Negates Coverage for Broken PipeSoot Constitutes Property Damage Cyber Risk Southwest Airlines Successfully Obtains Clarification on Cyber PolicyInsured's Motion to Exclude Insurer's Bad Faith Expert Denied Designated Premises Endorsement ISO Proposes New Designated Premises Endosement in Response to Hawaii Decision Director's and Officer's Insurance Primary D&O Policy Must Defend Despite Other Insurance ProvisionDelaware Court Determines Coverage Under Directors and Officers Policy Discovery Insurer's Motion to Dismiss Claim of Purported Additional Insureds is GrantedInsurer's Motion to Compel Insured's Tax Returns Partly Successful Duty to Cooperate Colorado Court Addresses Cooperation Clause and Exhaustion of Auto PoliciesDenial of Claim Based Upon Dispute over EUO Overturned Duty to Defend Professional Services Exclusion Found InappicableUnderlying Complaint's Allegations Confirm Insurer Has No Duty to Defend Duty to Indemnify Underlying Complaint's Allegations Confirm Insurer Has No Duty to DefendRepeated Instances of Abuse of Several Victims Constitutes One Occurrence Ensuing Loss Wisconsin Supreme Court Finds Coverage Under Ensuing Loss ProvisionsInsured Does Not Prevail on Summary Judgment Motion Invoking Ensuing Loss Provision ERISA Sixth Circuit Predicts Michigan Allows Reimbursement of Defense Costs to InsurerLife Insurance Claim Against Employer Prevails In Ninth Circuit Review Errors and Omissions Finding Insurer's Declaratory Relief Action Raises Unsettled Questions of State Law, Case is DismissedHawaii Appellate Court Finds Agent May Be Liable for Failing to Submit Claim Excess Coverage Insured May Seek Declaratory Relief Against Excess Carriers Even if Underlying Policies Not ExhaustedColorado Court Addresses Cooperation Clause and Exhaustion of Auto Policies Expert Witnesses Insured's Motion to Exclude Insurer's Bad Faith Expert DeniedFederal Court Certifies Class Challenging State Farm's Depreciation of Sales Tax When Calculating ACV First Party Insurance Insured's Claims against Broker for Inadequate Coverage DismissedPortions of Insured's Complaint Dismissed Flood Coverage Pursuing Claims for Loss Caused by Recent Kona Low Storms for Homeowners and BusinessesSubstantial Evidence of Flood Loss is Not a Substitute for Required Proof of Loss Flood Policy Substantial Evidence of Flood Loss is Not a Substitute for Required Proof of LossInsureds' Claim for Flood Damage is Time-Barred Gulf Oil Spill Liability Cap Does Not Exclude Defense Costs for Loss Related to Deep Water HorizonContractual Indemnity is Not Form of Other Insurance Hail Damage Portions of Insured's Complaint DismissedSuit Limitation Provision Eliminates Wind Loss Claim Health Insurance Bad Faith, Emotional Distress Claims Reinstated Against Health InsurerHawaii Insurer Successfully Dismisses California Suit for Lack of Personal Jurisdiction Hurricane Insurer Granted Summary Judgment After Insured Fails to Provide Actual Cash Value of LossInsurer Granted Summary Judgment on Claim for Roof Damage Caused by Windstorm Hurricane Harvey Recommendation to Deny Agent's Motion for Summary Judgment on Fraudulent MisrepresentationFifth Circuit Reverses Summary Judgment Award to Insurer on Hurricane Damage Claim Hurricane Ike Insurer's In-House Expert's Communications Are PrivilegedTexas Supreme Court Clarifies When Insured Entitled to Bad Faith Damages Despite No Coverage Infringment Duty to Defend Arises from Allegations of "Advertising Injury"Ninth Circuit Finds No Coverage for Infringment Claim Katrina No Coverage for Hurricane Sandy DamageState Farm Unsuccessful In Seeking Dismissal of Qui Tam Case LHWCA Fourth Circuit Adopts Strict Interpretation of Time Frame in Which to Apply for BeneftsEmotional Distress Claim Viable Despite Exclusive Remedy Provision of Workers' Compensation Act Maritime Insurance Boat Owner Survives Insurer's Motion to DismissNo Coverage for Recovery of Untapped Oil Barrels From Harbor Misrepresentation Insurer's Claim of Insured's Misrepresentations is Time BarredFraud Allegations Stymie Additional Insured's Request for a Defense Mold Resulting Loss Claims DeniedFifth Circuit Affirms District Court's Grant of Summary Judgment to Insurer on Property Loss Claim Notice Late Notice Bars Insured's Claim for Water Leak DamageLate Notice Bars Insured's Claim for Wind Damage Occurrence Professional Services Exclusion Found InappicableRepeated Instances of Abuse of Several Victims Constitutes One Occurrence Other Insurance Court Untangles Which of Three Insurers Should DefendProfessional Services Exclusion Found Inappicable Pollution Exclusion Court Denies Cross Summary Judgment Motions on Coverage for Odors in Newly Purchased HomeInsurers Dispute Over Application of Total Pollution Exclusion Pollution Liability Policy Court Finds Duty To Defend Environmental Claim, But Defense Limited to $100,000Agent Not Responsible for Insured's Lack of Coverage Public Adjuster Insureds' Altering Dates for Hailstorm Damage Justifies Denial of ClaimPolicy Provision Prohibiting the Hiring of Public Adjuster Upheld Punitive Damages Bad Faith Claim Survives Summary JudgmentDeceptive Practices, Punitive Damage Claims Dismissed in Property Damage Suit Removal Insured's Motion to Amend Granted, Destroying DiversityInsurer's Federal Suit Dismissed in Favor of Insured's State Suit Self Insured Retention Additional Insureds Obligated to Meet Self-Insured RetentionRepeated Instances of Abuse of Several Victims Constitutes One Occurrence Stacking Coverage California Supreme Court Finds Vertical Exhaustion Applies to First-Level Excess PoliciesHawaii Supreme Court Confirms Insured's Right to Amend Complaint Subrogation Hawaii Supreme Court Affirms Denial of Insurers' Right to Intervene in Maui Fire Class Settlement ProceedingsColorado Supreme Court Finds Economic Loss Rule Applies to Allegations of Willful and Wanton Conduct Title Insurance Hawaii Federal District Court Denies Title Insurer's Motion for Summary JudgmentTitle Insurer Breaches Duty to Defend in Bad Faith Trigger of Coverage Court Denies Cross Summary Judgment Motions on Coverage for Odors in Newly Purchased HomeWest Virginia Adopts Continuous-trigger Theory for Occurrence Based Policies UIM/UM Coverage Washington Court Rules Insurer's Payment of UIM Claim Does not Extinguish Extracontractual Damage ClaimColorado Court Addresses Cooperation Clause and Exhaustion of Auto Policies Umbrella Alleged Negligent Misrepresentation on Condition of Home is Not an Occurrence Causing Property DamageReinsurer's Obligation to Provide Coverage Determined Under English Law Uncategorized Insured's Motion to Amend Granted, Destroying DiversityInsured's Claims against Broker for Inadequate Coverage Dismissed Volcanic Eruption Hawaii Federal District Court Grants Preliminary Approval of Settlement on Volcano DamageRequest for Stay Denied in Dispute Over Coverage for Volcano Damage Workers Compensation Workers' Compensation Exclusion Bars CoverageHawaii Intermediate Court of Appeals Reverses Lower Court's Dismissal of Insureds' Claims Arising from Work-Related Death
