Insurance Law Hawaii

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Dental Practice Survives Motion to Dismiss on COVID-19 Claim

April 14, 2021

The insured dental practice survived a motion to dismiss its business interruption claim arising from closures due to the coronavirus pandemic. Derek Scott Williams PLLC v. Cincinnati Ins Co., 2021 U.S Dist. LEXIS 37096 (N.D. Ill. Feb. 28, 2021). On March 22, 2020, the Texas governor issued an order postponing all elective surgeries and non-emergency medical dental procedures. The insured dental practice complied with the order and did not resume normal…

Insurance Law Hawaii

Insurer’s Motion to Dismiss COVID-19 Claim Denied

By Tred Eyerly

April 12, 2021

The federal district court denied the insurer’s motion to dismiss the hotel’s claim for business interruption coverage. Sunstone Hotel Investors, Inc. v. Endurance Am. Spec. Ins. Co., No. SACV 20-02185, (C.D. Cal. Feb. 26, 2021). From February 24 to 27, 2020, the insured hotel hosted an international meeting of leaders from biotechnology company Biogen, Inc. After the hotel was notified on March 4, 2020, that three attendees tested positive for coronavirus, the hotel closed on…

Insurance Law Hawaii

Hawaii Supreme Court to Hear Bad Faith Case

By Tred Eyerly

April 7, 2021

The Hawaii Supreme Court has granted certiorari to hear an appeal from the Intermediate Court of Appeals decision in Carvalho v. AIG Hawaii Insurance Company, 148 Haw. 370, 477 P.3d 164 (Haw. Ct. App. 2020). A summary of the ICA decision is here. The ICA reversed the trial court’s granting of summary judgment to AIG on the bad faith count. Thanks to my blogging colleague, Mark Murakami (www.hawaiioceanlaw.com), for notifying me of…

Insurance Law Hawaii

No Duty to Defend Under Renter’s Policy

By Tred Eyerly

April 7, 2021

The court agreed that the insurer had no potential liability under a policy where the insured allegedly concealed facts and made misrepresentations regarding the condition of the property it sold. State Farm Fire & Cas. Co. v. TFG Enterprises, LLC, 2021 Neb. LEXIS 27 (Neb. Feb. 19, 2021). TFG sold a house to Jeffrey Barkhurst. Thereafter, Barkhurst filed suit alleging that TFG failed to disclose and actively concealed several defects, including…

Insurance Law Hawaii

Illinois Federal District Court Finds Duty to Defend COVID-19 Claim

By Tred Eyerly

April 5, 2021

The federal district court found that the insurer had a duty to defend the underlying suit based on damages allegedly arising from exposure to COVID-19. McDonald’s Corp. v. Austin Mutual Ins. Co., No. 20 C 5057, Order (N.D. Ill. Feb.22, 2021). The decision is here. McDonalds was sued for pubic nuisance and negligence based on its decision to remain open during the COVID-19 pandemic without enhanced health and safety standards.…

Insurance Law Hawaii

Insured’s Claim Under Computer Transfer Fraud Provision Denied

By Tred Eyerly

March 31, 2021

The Fifth Circuit upheld the district court’s denial of coverage under the policy’s Computer Transfer Fraud provision. Mississippi Silicon Holdings, L.L.C. v. Axis Ins. Co., 2021 U.S. App. LEXIS 3112 (5th Cir. Feb. 4, 2021). Mississippi Silicon Holdings’ (MSH) chief Financial Officer, John Lalley, received an email from a regular vendor, Energoprom, advising that future payments should be routed to a new bank account. The email body also contained previous emails…

Insurance Law Hawaii

Oklahoma Finds Policy Can Be Assigned Post-Loss

By Tred Eyerly

March 29, 2021

Oklahoma joined the majority of court in finding that after a loss occurs, the insured can assign the policy to another. Johnson v. CSAA Gen. Ins. Co., 2020 Okla LEXIS 118 (Okla. Dec. 15, 2020). Johnson’s property was damaged in a storm. She filed a claim with her insurer. She also executed an assignment of her claim in order to repair the property with the execution of assignment to Triple Diamond…

Insurance Law Hawaii

Life Insurance Claim Against Employer Prevails In Ninth Circuit Review

By Tred Eyerly

March 24, 2021

The estate’s claims against the life insurance company failed, but the Ninth Circuit remanded for further review claims against the decedent’s employer. Estate of Foster v. Am .Marine Sys. Group Ben. Plan, 2021 U.S. App. LEXIS 3555 (9th Cir. Feb. 9, 2021). The estate filed suit under the civil enforcement provision of ERISA against American Marine Corporation (American Marine) and United Omaha Life Insurance Company (United) alleging defendants wrongfully denied a…

Insurance Law Hawaii

No Coverage for Insured Who Plants Hidden Camera in Neighbors’ Bathroom

By Tred Eyerly

March 22, 2021

The homeowners policy did not cover the insured after he was sued for planting a hidden camera in the bathroom of his neighbors. State Farm Fire & Cas. Co. v. Rodriguez, 2021 U.S. Dist. LEXIS 22161 (D. Haw. Feb. 5, 2021). The insured’s neighbors brought suit alleging that the insured secretly installed a hidden miniature camera in their bathroom. The discovery of the camera shocked and outraged the neighbors and their…

Insurance Law Hawaii

Insured’s Claims Under Communicable Diseases Coverage Survive Motion to Dismiss

By Tred Eyerly

March 17, 2021

While the court determined the virus or bacteria exclusion precluded coverage under business income, extra expense, or civil authority for the insured’s COVID-19-related shutdown, the insurer’s motion to dismiss was denied based upon the communicable diseases coverage. Salon XI Color & Design Group v. W. Bend Mut. Ins. Co.,, 2021 U.S. Dist. LEXIS 21298 (E.D. Mich. Feb. 4, 2021). The Governor’s order on COVID-19 forced the insured to close its salon.…

Insurance Law Hawaii

Blog Authors

Dental Practice Survives Motion to Dismiss on COVID-19 Claim

Insurer’s Motion to Dismiss COVID-19 Claim Denied

Hawaii Supreme Court to Hear Bad Faith Case

No Duty to Defend Under Renter’s Policy

Illinois Federal District Court Finds Duty to Defend COVID-19 Claim

Insured’s Claim Under Computer Transfer Fraud Provision Denied

Oklahoma Finds Policy Can Be Assigned Post-Loss

Life Insurance Claim Against Employer Prevails In Ninth Circuit Review

No Coverage for Insured Who Plants Hidden Camera in Neighbors’ Bathroom

Insured’s Claims Under Communicable Diseases Coverage Survive Motion to Dismiss

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