Topics Actual Cash Value Insurer's Late Notice Argument Fails Due to Lack of PrejudiceBad Faith Claim Dismissed as Insurer's Actions Found Reasonable Additional Insured Contractor Entitled to Defense Under Subcontractor's PolicyAdditional Insureds Owed a Defense in Underlying Personal Injury Suit Administrative ABA's ICLC Insurance ConferenceBack to Tucson for Insurance Coverage Litigation Committee's Annual Seminar Advertising Injury Contrasting Expert Opinions Result in Denial of Cross Motions for Summary JudgmentNo Entitlement to Reimbursement of Pre-Tender Fees Aggregates Dispute Over Policy's Aggregate Limit AddressedFaulty Workmanship Claims Amount to Multiple Occurrences All-Risk Policy Inadequate Coverage for Lease Building Becomes Apparent After LossPortion of COVID-19 Claim Resurrected on Appeal Allocation Primary D&O Policy Must Defend Despite Other Insurance ProvisionCalifornia Supreme Court Adopts Vertical Exhaustion for Long-Tail Claims Appraisal Appraisal Award Upheld Despite Insurer's Contention that Causation was ConsideredCourt Compels Appraisal Although Coverage Issues Exist 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 Broker's Liability for Inadequate Coverage Raises Issues of FactHawaii Intermediate Court of Appeals Reverses Lower Court's Dismissal of Insureds' Claims Arising from Work-Related Death Aviation Insurance Insured's Failure to Comply with Pilot's Warranty Negates Aviation Coverage Bad Faith COVID-19 Claim for Business Interruption Dismissed with Leave to Amend ComplaintAppraisal Award Upheld Despite Insurer's Contention that Causation was Considered Broker's Negligence Dismissal of Negligence Claim against Broker ReversedForfeited LLC Has No Claim Against Broker Allowing Policy to Lapse 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 Collapse Claim Dismissed as UntimelyInsurers' Motion for Summary Judgment on Collapse Claim Granted in Part, Denied in Part Comprehensive General Liability Subcontrator's Insurer Must Reimburse for Defense of ContractorPlaintiff in Underlying Suit is not a Required Party in Dispute Between Insurers on Duty to Defend Construction Defects Insured Successfully Moves to Dismiss Insurer's Suit to Eliminate Duty to DefendColorado Supreme Court Finds Economic Loss Rule Applies to Allegations of Willful and Wanton Conduct Contract Exclusion Endorsements Preclude Coverage for Alleged Faulty WorkmanshipInsurer Must Defend Despite Exclusion for Claims Arising Out of Contract COVID-19 Soot Constitutes Property DamageCOVID-19 Claim for Business Interruption Dismissed with Leave to Amend Complaint Cyber Risk Insurer's Motion to Dismiss Cyber Claim DeniedInsured's Claims against Insurer under Cyber Policy Survive Motion to Dismiss 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 Denial of Claim Based Upon Dispute over EUO OverturnedPolicy Does Not Commit Insurer to Provide Supersedeas Bond Duty to Defend Workers' Compensation Exclusion Bars CoverageContractor Entitled to Defense Under Subcontractor's Policy Duty to Indemnify Workers' Compensation Exclusion Bars CoverageAdditional Insureds Owed a Defense in Underlying Personal Injury Suit Ensuing Loss Resulting Loss Claims DeniedAbsent Separate Covered Peril, Ensuing Loss is Not Applicable 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's COVID-19 Claim Survives Insurers' Motion for Summary Judgment under Some PoliciesCourt Addresses Insurers' Dispute Over Which is Primary, Which is Excess Expert Witnesses Federal Court Certifies Class Challenging State Farm's Depreciation of Sales Tax When Calculating ACVMotion to Strike Insureds' Experts Denied, Unfair Claim Settlement Claims Survive Summary Judgment First Party Insurance Insurer's Motion to Dismiss Cyber Claim DeniedSoot Constitutes Property Damage Flood Coverage Insureds' Claim for Flood Damage is Time-BarredFailure to Strictly Adhere to Limitations for Flood Claim Leads to Denial Flood Policy Insureds' Claim for Flood Damage is Time-BarredFailure to Strictly Adhere to Limitations for Flood Claim Leads to Denial 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 Exclusion Bars Coverage For Cosmetic Hail Damage to RoofInsurer's Late Notice Argument Fails Due to Lack of Prejudice 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, in Part, After Partial Payment of ClaimInsurer's Motion to Compel Insured's Tax Returns Partly Successful 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 Negligence Claims against Insurance Agent FailAlleged Negligent Misrepresentation on Condition of Home is Not an Occurrence Causing Property Damage Mold Resulting Loss Claims DeniedFifth Circuit Affirms District Court's Grant of Summary Judgment to Insurer on Property Loss Claim Notice Class Certification for Challenging Life Insurer's Termination of Policies OverturnedInsurer's Refusal to Consider Supplemental Claim Found Improper Occurrence Court Determines Several Occurrences for COVID-19 Coverage Under EndorsementContractor Entitled to Defense in Suit Filed by Performance Bond Carrier Other Insurance Court Resolves Carriers' Dispute Over Which Must DefendCalifornia Supreme Court Finds Vertical Exhaustion Applies to First-Level Excess Policies Pollution Exclusion Alaska Supreme Court Finds Carbon Monoxide is Not a Pollutant Excluding CoverageHawaii Supreme Court Reaffirms an "Accident" Includes Reckless Conduct, Finds Green House Gases are Pollutants 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 Insured's Breach of Contract Claim Survives Motion to Dismiss, but Bad Faith Claim Does NotAllegations in Insured's Complaint Sufficient to Survive Motion to Dismiss Punitive Damages Deceptive Practices, Punitive Damage Claims Dismissed in Property Damage SuitCoverage, Bad Faith Upheld In Construction Defect Case Removal Finding Insurer's Declaratory Relief Action Raises Unsettled Questions of State Law, Case is DismissedHawaii Federal District Court Remands COVID-19 Business Interruption Case to State Court Self Insured Retention Deductibles Limited to Number of Suits Filed Against Insured, Not Number of Actual PlaintiffsExcess Policy Triggered Once Retention Paid, Even if Loss Not Covered By Excess Stacking Coverage California Supreme Court Finds Vertical Exhaustion Applies to First-Level Excess PoliciesHawaii Supreme Court Confirms Insured's Right to Amend Complaint Subrogation Colorado Supreme Court Finds Economic Loss Rule Applies to Allegations of Willful and Wanton ConductInsureds Prevail on Summary Judgment Addressing Responsibility for Water Leak 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 West Virginia Adopts Continuous-trigger Theory for Occurrence Based PoliciesWest Virginia Supreme Court Receives Certified Question on Trigger of Coverage UIM/UM Coverage Hawaii Supreme Court Confirms Insured's Right to Amend ComplaintDenial of Bad Faith Claims Reversed and Remanded 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 Workers' Compensation Exclusion Bars CoverageSoot Constitutes Property Damage 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
