The Hawaii federal district court denied the pro se plaintiff’s motion to dismiss his claim against the carrier without prejudice. Greenspon v. AIG Specialty Ins. Co., et al., 2019 U.S. Dist. LEXIS 144148 (D. Haw. Aug. 23, 2019).      Greenspon secured a default judgment against AIG’s insured in state court in 2014. In November 2018, AIG removed the case to federal district court. Greenspon filed a motion to remand.  On February 25, 2019,…

    The Federal District Court for Hawaii granted Moa Insurance Services Hawaii’s (Moa) motion to dismiss the insureds’ complaint alleging that they had been forced to purchase worthless surplus lines policies for volcano damage. Aquilina v. Certain Underwriters at Lloyd’s Syndicate #2003, 2019 U.S. Dist. LEXIS 165866 (D. Haw. Sept. 26, 2019).     The insureds purchased surplus lines homeowners insurance policies with the assistance of two retail brokers, Pyramid Insurance Centre, Ltd., and Moa.…

    The insured’s claim for fees under the Equal Access to Justice Act (EAJA) for seeking coverage under a flood policy was rejected. Hampson v. Wright Nat’l Flood Ins. Co., No. 4:19-cv-10083-KMM (S.D. Fla. Aug. 11, 2019)(Order on Motion to Dismiss). The order is here.      The insurer did not compensate plaintiff for flood-related damages under the terms of a Standard Flood Insurance Policy (SFIP). The insurer was a Write-Your-Own (WYO) Program…

     In an issue of first impression in Hawaii, the Hawaii Supreme Court ruled that an insurer’s actions before an actual claim is submitted can be considered in determining whether the insurer acted in bad faith. Adams v. Hawaii Medical Service Ass’n, SCWC 15-0000396 (Haw. Sup. Ct. Sept 30, 2019). Disclosure – our firm was co-counsel for the petitioner, Patricia Adams.     Brent Adams was diagnosed with a rare cancer, stage III multiple…

    The court found coverage for alleged faulty workmanship was barred by the Combination Construction Related Endorsement and Roofing Endorsement. Evanston Ins. Co. v. A&S Roofing, 2019 U.S. Dist. LEXIS 142828 (W.D. Okla. Aug. 22, 2019).     In 2010, A&S entered into a subcontract with the contractor to replace roofs on three buildings owned by Oklahoma Property Investors (OPI). Eagle was a subcontractor of A&S that installed the roofing. After the roofs were replaced,…

    The federal district court agreed remand of the insured’s bad faith action to state court was appropriate. Kavanaugh v. Nat’l Union Fire Ins. Co., 2019 U.S. Dist. LEXIS 138465 (C.D. Calif. Aug. 15, 2019).     The insured sued National Union and Great American Insurance Company in state court for failing to defend him in three civil actions. In the alternative, claims were brought against Gallagher Risk Management Services, Inc. and Chelsea Laing for…

    The insurer successfully moved to dismiss the insured’s negligence claim and demand for jury trial, leaving only the insured’s breach of insurance contract claim under the National Flood Insurance Program (NFIP). La Mirage Homeowners Association Inc. v. Wright National Flood Ins. Co., 2019 U.S. Dist. LEXIS 147667 (S.D. Tex. Aug 29, 2019).      Hurricane Harvey damaged three of insured homeowner’s association condominium’s buildings. Wright National Flood Insurance Company was the insurer pursuant…