Topics Actual Cash Value Insurer Granted Summary Judgment on Claim for Roof Damage Caused by WindstormInsurer's Late Notice Argument Fails Due to Lack of Prejudice Additional Insured Fraud Allegations Stymie Additional Insured's Request for a DefenseAdditional Insured Bound by Policy's Arbitration Provision 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 Insurer Entitled to Equitable Contribution from Other InsurerPrimary D&O Policy Must Defend Despite Other Insurance Provision Appraisal Damage from Frozen Pipes Excluded from CoverageAppraisal Award Upheld Despite Insurer's Contention that Causation was Considered 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 Insurer Prevails on Motion to Dismiss, Asserting Suit Limitation ProvisionBroker's Liability for Inadequate Coverage Raises Issues of Fact Aviation Insurance Insured's Failure to Comply with Pilot's Warranty Negates Aviation Coverage Bad Faith Bad Faith Claim Survives Summary JudgmentInsured Does Not Prevail on Summary Judgment Motion Invoking Ensuing Loss Provision Broker's Negligence Agent Not Liable for Loss Given Insured's Vague Instructions for CoverageDismissal of Negligence Claim against Broker Reversed 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 Insurer Cannot Raise Issues on Appeal that Were Not Presented to the Trial CourtAnti-Concurrent Causation Clause Prevents Coverage for Collapse Comprehensive General Liability Insured Sued for Facilitating Sex Trafficking of Minors at its Hotel Entitled to a DefenseNo Duty to Defend or Indemnify Manufacturer of Ghost Guns 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 Anti-Concurrent Causation Clause Prevents Coverage for CollapseEndorsements Preclude Coverage for Alleged Faulty Workmanship COVID-19 Soot Constitutes Property DamageCOVID-19 Claim for Business Interruption Dismissed with Leave to Amend Complaint 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 Denial of Claim Based Upon Dispute over EUO OverturnedPolicy Does Not Commit Insurer to Provide Supersedeas Bond Duty to Defend Insured Sued for Facilitating Sex Trafficking of Minors at its Hotel Entitled to a DefenseFraud Allegations Stymie Additional Insured's Request for a Defense Duty to Indemnify Insured Sued for Facilitating Sex Trafficking of Minors at its Hotel Entitled to a DefenseAssault and Battery Exclusion Bars Coverage Ensuing Loss Insured Does Not Prevail on Summary Judgment Motion Invoking Ensuing Loss ProvisionResulting Loss Claims Denied 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 Insurer Entitled to Equitable Contribution from Other InsurerInsured's COVID-19 Claim Survives Insurers' Motion for Summary Judgment under Some 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 Bad Faith Claim Survives Summary JudgmentInsurer Prevails on Motion to Dismiss, Asserting Suit Limitation Provision 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 Insureds' Altering Dates for Hailstorm Damage Justifies Denial of ClaimExclusion Bars Coverage For Cosmetic Hail Damage to Roof 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 on Claim for Roof Damage Caused by WindstormSubstantial Evidence of Flood Loss is Not a Substitute for Required Proof of Loss 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 Fraud Allegations Stymie Additional Insured's Request for a DefenseNegligence Claims against Insurance Agent Fail 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 Insured Sued for Facilitating Sex Trafficking of Minors at its Hotel Entitled to a DefenseNo Duty to Defend or Indemnify Manufacturer of Ghost Guns Other Insurance Insurer Entitled to Equitable Contribution from Other InsurerCourt Resolves Carriers' Dispute Over Which Must Defend 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 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 Insurer's Federal Suit Dismissed in Favor of Insured's State SuitFinding Insurer's Declaratory Relief Action Raises Unsettled Questions of State Law, Case is Dismissed 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 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 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 Bad Faith Claim Survives Summary JudgmentInsurer Cannot Raise Issues on Appeal that Were Not Presented to the Trial Court 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
