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Court Denies Remand of COVID-19 Case

September 23, 2020

The federal district court rejected a challenge to its diversity jurisdiction and rejected the insured’s attempt to remand the COVID-19 claims back to state court. Vandelay Hospitality Group LP v. Cincinnati Ins. Co., 2020 U.S. Dist. LEXIS 149196 (N.D. Tex. Aug. 18, 2020). Vandelay purchased a commercial property policy from Cincinnati through Swingle Collins, its registered broker, and its employee, Baron Cass. The policy was “all risk” and purported to insure…

Insurance Law Hawaii

Texas Federal District Court Dismisses COVID-19 Claim

By Tred Eyerly

September 21, 2020

Judge Ezra, formerly on the bench in Hawaii, dismissed a COVID-19 claim pursued by a Texas policy holder. Diesel Barbershop, LLC v. State Farm Lloyds, 2020 U.S. Dist. LEXIS 147276 (W.D. Texas Aug. 13, 2020). Local and state officials in Texas issued shutdown orders in March 2020 due to the spread of the cornavirus. All non-essential businesses, including the insureds’ barbershop businesses, were ordered closed from April 2, 2020 until April…

Insurance Law Hawaii

Insurer Must Defend Allegations of Negligent Infliction of Emotional Distress

By Tred Eyerly

September 16, 2020

The federal district court, District of Hawaii, found the insurer had a duty to defend allegations which included a claim for negligent infliction of emotional distress. AIG Prop. Cas. Co. v. Judgment, 2020 U.S. District. LEXIS 143485 (D. Haw. Aug. 11, 2020). The underlying complaint alleged that plaintiff Mrs. Ross entered a private dressing area of the clothing store to try on clothes she considered purchasing. Neil Anenberg wanted to try…

Insurance Law Hawaii

Business Risk Exclusions Dismissed in Summary Judgment Motion

By Tred Eyerly

September 14, 2020

While the court denied summary judgment on whether the alleged damage was due to faulty workmanship and not covered, it granted summary judgment for dismissal of several business risk exclusions the insurer asserted against the developer. United Specialty Ins. Co. v. Dorn Homes, 2020 U.S. Distl LEXIS 138431 (D. Ariz. Aug. 4, 2020). Dorn, a residential home developer, developed a 350 single family residential home division. Dorn did not perform the…

Insurance Law Hawaii

Eleventh Circuit Vacates District Court Decision Finding No Duty to Defend Faulty Workmanship Claims

By Tred Eyerly

September 9, 2020

The Eleventh Circuit vacated the district court’s grant of summary judgment to the insurer finding there was no duty to defend. Southern-Owners Ins. Co. v. Mac Contractors of Florida, LLC, 2020 U.S. App. LEXIS 23918 (11th Cir. July 29, 2020). Mac Contractors entered into a contract with homeowners to serve as general contractor for the construction of a custom residence. Problems arose during construction and Mac eventually led the job site…

Insurance Law Hawaii

Remand Denied for COVID-19 Business Interruption Claim

By Tred Eyerly

September 7, 2020

The district court refused to remand plaintiff’s claim for business losses due to COVID-19 shut down orders. Mark’s Engine Co. No. 28 Restaurant, LLC v. Traveler’s Indem. Co. of Conn., 2020 US. District. LEXIS 132841 (C.D. Calif. July 27, 2020). Plaintiff restaurant sued Traveler’s in state court. Los Angele Mayor Eric Garcetti was also named as a defendant for his part in issuing the shut down orders. An Executive Order issued…

Insurance Law Hawaii

Insured’s Experts Excluded, But Insurer’s Motion for Summary Judgment Denied

By Tred Eyerly

September 2, 2020

Despite barring the insured’s expert witnesses from testifying as to the cause of the loss, lay witnesses were still available, making the district court’s award of summary judgment to the insurer improper. Greater Hall Temple Church of God v. Southern Mut. Church Ins. Co., 2020 U.S. App. LEXIS 21934 (11th Cir. July 15, 2020). Hurricane Matthew damaged the Greater Hall Temple Church of God’s (Church) roof. Leaks occurred, causing water damage…

Insurance Law Hawaii

COVID-19 Claim for Business Interruption Survives Motion to Dismiss

By Tred Eyerly

August 26, 2020

In the first noteworthy decision recognizing a possible business interruption claim due to the presence of COVID-19 and the associated closure orders, the insureds survived a motion to dismiss. Studio 417, Inc. v. The Cincinnati Ins. Co., 2020 U.S. Dist. LEXIS 147600 (W.D. Mo. Aug.12, 2020). The insureds operated hair salons and a restaurant. They held “all-risk” policies from Cincinnati. The policies provided that Cincinnati would pay for “direct loss” unless…

Insurance Law Hawaii

Carrier Has Duty to Defend Claim for Active Malfunction of Product

By Tred Eyerly

August 24, 2020

Rejecting that the underlying claim was based solely on faulty workmanship, the Third Circuit held the insurer had a duty to defend allegations of a malfunctioning product. Nautilus Ins. Co. v. 200 Christina Street Partners LLC, 2020 U.S. App. LEXIS 22118 (3d Cir. July 16, 2020). The insureds were sued by homeowners in two separate suits alleging defects in the construction of their homes. Nautilus defended under a reservation of rights. Nautilus…

Insurance Law Hawaii

Federal Court Dismisses Coverage Action in Favor of Pending State Proceeding

By Tred Eyerly

August 19, 2020

The federal district court declined to exercise jurisdiction over the coverage action that was parallel to a case pending in state court involving the same parties and same issues pending. Navigators Ins, Co. v. Chriso’s Tree Trimming, 2020 U.S. Dist. LEXIS 129711 (E.D. Calif. July 22, 2020). Pacific Gas & Electric (PG&E) entered into a tree, brush and wood removal contract with Mount F Enterprises, Inc. Mountain F subsequently entered into…

Insurance Law Hawaii

Blog Authors

Court Denies Remand of COVID-19 Case

Texas Federal District Court Dismisses COVID-19 Claim

Insurer Must Defend Allegations of Negligent Infliction of Emotional Distress

Business Risk Exclusions Dismissed in Summary Judgment Motion

Eleventh Circuit Vacates District Court Decision Finding No Duty to Defend Faulty Workmanship Claims

Remand Denied for COVID-19 Business Interruption Claim

Insured’s Experts Excluded, But Insurer’s Motion for Summary Judgment Denied

COVID-19 Claim for Business Interruption Survives Motion to Dismiss

Carrier Has Duty to Defend Claim for Active Malfunction of Product

Federal Court Dismisses Coverage Action in Favor of Pending State Proceeding

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