The federal district court found there were multiple occurrences of property damage under a disease contamination provision in the policy. Dental Express, LLC v. Massachusetts Bay Ins. Co., 2022 U.S. Dist. LEXIS 119701 (N.D. Ill. July 7, 2022).
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California Court of Appeals Refuses to Lift Stay of Coverage Action Involving Opioid Crises
By Tred Eyerly
The appellate court affirmed the trial court’s order staying St. Paul’s declaratory judgment action involving the defense of distributors of opioid to users. St. Paul Fire & Marine Ins. Co. v. AmerisourceBergen Corp., 2022 Ca. App. LEXIS 535…
Washington Federal District Court Grants Stay of COVID-19 Coverage Action
By Tred Eyerly
To await a decision from the Washington Supreme Court, the federal district court stayed the COVID-19 coverage action pending before it. Reckless Enter. v. First Mercury Ins. Co., 2022 U.S. Dist. LEXIS 120832 (W.D. Wash. July 8, 2022). …
Rest in Peace, Justice Moon
By Tred Eyerly
The Hawaii legal community lost a legendary member of the judiciary with the passing of retired Chief Justice Ronald T.Y. Moon on July 4, 2022. While serving as Chief Justice, the Supreme Court decided landmark cases including same…
Cyber Heist Excluded From Coverage
By Tred Eyerly
The court found there was no coverage for the insured’s transmission to a foreign account held by someone who gained unauthorized access to the account. Construction Fin. Admin. Services, LLC v. Fed Ins. Co., 2022 U.S. Distl LEXIS…
Allegations that COVID-19 Virus Lives on Surfaces Adequately Alleges Direct Physical Loss or Damage
By Tred Eyerly
The California Court of Appeal reversed the trial court’s granting of the insurer’s demurrer and found the insured adequately pled a claim of direct physical loss or damage due to the presence of COVID-19. Mariana Pacific Hotel &…
Claim for Punitive Damages Based on Insurers’ Alleged Bad Faith Business Practices Fails
By Tred Eyerly
The court granted the insurer’s motion to dismiss the bad faith claim based upon allegations of a general business practice of acting recklessly toward an insured’s rights under the policy. Sandpiper Isle Condo. Ass’n v. Empire Indem. Ins.…
Awarding Insurer Summary Judgment Before Discovery Completed Reversed
By Tred Eyerly
The Florida Court of Appeal reversed the trial court’s awarding of summary judgment to the insurer because discovery was not completed. Sacramento v. Citizens Prop. Ins. Corp., 2022 Fla. App. LEXIS 4292 (Fla. Ct. App. June 22, 2022).
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COVID-19 Business Interruption Claim under Environmental Policy Survives
By Tred Eyerly
The court determined there was coverage for business interruption due to COVID-19 under an Environmental policy. Sunstone Hotel Investors, Inc. v. Endurance American Spec. Ins. Co., 2022 U.S. Dist. LEXIS 11147 (C.D. Cal. June 15, 2022).
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No Coverage for Repairs Made Before Suit Filed
By Tred Eyerly
After a hurricane damaged the building the insured was constructing, there was no coverage under the CGL policy for repairs the insured made in the absence of a suit being filed. Planet Construction J2911 LLC. v. Gemini Ins.…