The insurer’s motion for summary judgment, contending there was no coverage for hurricane damage, was granted. Laurence v. Liberty Ins. Corp., 2021 U.S. Dist. LEXIS 227807 (S.D. Texas Nov. 29, 2021).
When Hurricane Harvey hit, Mike
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New York Court Denies Injunction to Prevent Out-of-State Suit
By Tred Eyerly
The Appellate Division of the Supreme Court refused to grant an injunction to the insurer to prevent a pending suit in Washington state. North Am. Elite Ins. Co. v. Space Needle, LLC, 2021 N.Y. LEXIS 6792(N.Y. App. Div.…
Insurer’s Motion for Summary Judgment on COVID-19 Claim Denied, Case Set for Trial
By Tred Eyerly
The Ohio Court of Common Pleas granted the insured’s motion for summary judgment, denied the insurer’s motion for summary judgment and and set the COVID-19, business interruption case for trial on damages. McKinley Dev. Leasing Co. v. Westfield…
Issues of Fact Prevent Insurer’s Summary Judgment Motion in Collapse Case
By Tred Eyerly
The insurer’s effort to dismiss the insured’s collapse case by motion for summary judgment failed. Bitters v. Nationwide Gen. Ins. Co., 2021 U.S. Dist. LEXIS 228523 (E.D. Pa. Nov. 30, 2021).
The insured alleged that there…
Primary D&O Policy Must Defend Despite Other Insurance Provision
By Tred Eyerly
The federal district court found that the D&O carrier had a duty to defend despite the insurer’s argument that its policy was excess to the employment practices policy. TriPacific Capital Advisors, LLC v. Federal Ins. Co., 2021 U.S.…
Insurer Has Duty to Defend Sexual Abuse of Minor Claims
By Tred Eyerly
The court granted summary judgment to the school district, finding the insured was entitled to a defense against sexual abuse claims alleged against its employee. West Bend Mut. Ins. Co. v. Cmty. Unit Sch. Dist. 300, 2021 Ill. App LEXIS…
Insurer’s Motion to Dismiss Business Interruption, COVID-19 Claims Under Pollution Policy Fails
By Tred Eyerly
The insurer was unsuccessful in seeking to dismiss business interruption claims due to COVID-19 under a pollution policy. New York Botanical Garden v. Allied World Assur., 2021 N.Y. Misc. LEXIS 6012 (N.Y. Sup. Ct. Oct.15, 2021).
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Hawaii District Court’s Dismissal of Insurance Related Declaratory Judgment Action Upheld by Ninth Circuit
By Tred Eyerly
While a district court can decline to exercise jurisdiction over a declaratory judgment action, here the declaratory claims were joined with an independent monetary claim. The insured filed a counterclaim for monetary relief, but only if the court first exercised…
California Court of Appeals Shoots Down COVID-19 Business Interruption Claim
By Tred Eyerly
The California Court of Appeals affirmed the trial court’s dismissal of the insured’s business interruption claim based upon COVID-19 government shutdown orders. The Inns by the Sea v. California Mut. Ins. Co., 2021 Cal. App. LEXIS 956 (Calif.…
Prejudice to Insurer After Late Notice of Hurricane Damage Raises Issue of Fact
By Tred Eyerly
The court denied the insurer’s motion for summary judgment on admittedly late notice because prejudice to the insured remained an issue of fact. Guzman v. Scottsdale Ins. Co., 2021 U.S. Dist. LEXIS 219625 (S.D. Fla. Nov. 15, 2021).…