Damon Key Leong Kupchak Hastert

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Federal Court Remands COVID-19 Case Presenting Novel and Important Issues of State Insurance Law

By Tred Eyerly

November 30, 2020

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 a full menu. In March 2020, state and local orders limited the scope and hours of operations of all restaurants in the…

Inverse Condemnation

BIO In Penn Central And Lucas Takings Case

By Robert Thomas

November 30, 2020

Here’s the State of Hawaii’s Brief in Opposition in a case we’ve been following for what seems like forever. Check it out. The State waived response, but after a whole bunch of amici filed briefs in support of a cert grant (ours included), at least one of the Justices wanted to hear its arguments in opposition. Instead of the State’s “Solicitor General” filing the brief, it hired a SCOTUS player to…

Inverse Condemnation

Spam® For Thanksgiving? Mais Oui!

By Robert Thomas

November 28, 2020

Check this out, the latest episode of the Pendulum Land Podcast, in which we briefly return to chat about what’s on the Thanksgiving menu (hint: Spam® and oysters). Spam® because we 808 people like that stuff, and oysters because the Virginia Supreme Court recently heard oral arguments in an important inverse condemnation case involving…oysters. More on that case here, including the briefs. Stream the episode above, or download it here. Haiku…

Insurance Law Hawaii

Additional Dismissals of COVID Business Interruption, Civil Authority Claims

By Tred Eyerly

November 25, 2020

Among the recent decisions dismissing complaints for business interruption and civil authority coverage due to closures caused by COVID-19 are Pappy’s Barber Shops, Inc. v. Farmers Group, Inc., 2020 U.S. Dist. LEXIS 166808 (S.D. Calif. Sept. 11, 2020) and Sandy Point Dental v. Cincinnati Insurance Co., 2020 U.S. Dist. LEXIS 171979 (E.D. Ill. Sept. 21, 2020). The difficulty in proving “direct physical loss” was the downfall of both cases. In Pappy’s, claims…

Insurance Law Hawaii

Spoiled Beer is a Covered Loss, But No Claim for Loss of Income

By Tred Eyerly

November 23, 2020

The insured’s claim for the cancellation of a beer order due to COVID-19, leading to its spoiling, was not covered for loss of business income. Harvest Moon Distributors, LLC v. Southern-Owners Ins. Co., 2020 U.S. Dist. LEXIS 189390 (M.D. Fla. Oct. 9. 2020). Harvest Moon purchased beer under a contract with Walt Disney Parks and Resorts. Before the product shipped, Disney closed its operations to the COVID-19 pandemic and refused to…

Inverse Condemnation

Is Virginia's Legislative Rewriting Of Existing Electric Easements To Permit Fiber Optic Use Unconstitutional?

By Robert Thomas

November 19, 2020

Check this out, the Complaint we filed a couple of weeks ago in the U.S. District Court for the Western District of Virginia, in Grano v. Rappahannock Elec. Coop., No. 3:20-cv-00065-NKM (W.D. Va. Oct. 28, 2020). It’s not a true “takings” case because the claims for relief are limited to due process and Contract Clause and the plaintiffs are not seeking just compensation, but there’s a takings flavor, because the due process problem alleged is…

Insurance Law Hawaii

Business Risk Exclusions Bar Faulty Workmanship Claim

By Tred Eyerly

November 18, 2020

The manufacturer of roofing and waterproofing systems was unsuccessful in securing coverage for alleged faulty workmanship due to the “your work” and “your product” exclusions. Siplast, Inc. v. Emplrs Mut. Cas. Co., 2020 U.S. Dist. LEXIS 176539 (N.D. Texas Sept. 25, 2020). Siplast was sued in New York by the Archdiocese for work done at Cardinal Spellman High School. The Archdiocese purchased a Siplast Roof System for the high school. Vema…

Insurance Law Hawaii

California Federal District Court Finds No Business Interruption Coverage for Hawaii Business

By Tred Eyerly

November 16, 2020

The federal district court in California dismissed the business interruption claim arising from COVID-19 by a Hawaii store chain. Water Sports Kauai v. Fireman’s Fund Ins. Co., 2020 U.S. DIst. LEXIS 209547 (N.D. Cal. Nov. 9, 2020). Sand People closed its twelve stores on three islands six months ago due to the spread of the coronavirus and government shut down orders. It submitted a claim for coverage to its insurer, Fireman’s…

Inverse Condemnation

It's Conference Day For Case Asking How "Permanent" A Loretto Permanent Physical Invasion Taking Must Be

By Robert Thomas

November 13, 2020

Today, Friday, November 13, 2020, is the day that the Supreme Court is scheduled to decide whether to decide a case we’ve been following for a long time (and one in which we filed an amicus brief urging the Court to take up the case). In Cedar Point Nursery v. Shiroma, 923 F.3d 524 (May 8, 2019), a 2-1 panel of the Ninth Circuit affirmed the dismissal of a complaint for failure…

Insurance Law Hawaii

Alaska Supreme Court Finds Insurer Owes No Independent Duty to Injured Party

By Tred Eyerly

November 11, 2020

After the victim incurred injury inflicted by an insured party, the Alaska Supreme Court determined that the insurer owed no duty to the injured party. Martinez v. Government Employees Ins. Co., 2020 Alaska LEXIS 111 (Alaska Sept. 4, 2020). Joshua Martinez lost control of his truck and crashed into Charles Burnett’s cabin. The cabin’s heating fuel tank was damaged, and fuel drained onto the property and under the cabin. Burnett further…

Damon Key Leong Kupchak Hastert

Damon Key Leong Kupchak Hastert Blogs

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Federal Court Remands COVID-19 Case Presenting Novel and Important Issues of State Insurance Law

BIO In Penn Central And Lucas Takings Case

Spam® For Thanksgiving? Mais Oui!

Additional Dismissals of COVID Business Interruption, Civil Authority Claims

Spoiled Beer is a Covered Loss, But No Claim for Loss of Income

Is Virginia's Legislative Rewriting Of Existing Electric Easements To Permit Fiber Optic Use Unconstitutional?

Business Risk Exclusions Bar Faulty Workmanship Claim

California Federal District Court Finds No Business Interruption Coverage for Hawaii Business

It's Conference Day For Case Asking How "Permanent" A Loretto Permanent Physical Invasion Taking Must Be

Alaska Supreme Court Finds Insurer Owes No Independent Duty to Injured Party

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