Law Insurance

Failure to Allege Property Damage Within Policy Period Defeats Insured’s Claim

The insured’s inability to determine when water damage occurred meant it could not pursue claims of property damage against the insurers. Creek v. State Farm Fire & Cas. Co., 2022 U.S. Dist. LEXIS 116939 (W.D. Wash. July 1, 2022).  Gold Creek Condominium complex experienced water damage. The complex was completed in 1982. The owners sued State …

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Louisiana Court of Appeals Denies Insurer’s Motion for Rehearing on COVID-19 Claim

After reversing the trial court’s denial of the insured’s petition for declaratory judgment on a business interruption claim, the Louisiana Court of Appeals denied the insurer’s motion for rehearing en banc. Cajun Conti LLC v. Certain Underwriters at Lloyd’s, 2022 La. App. LEXIS 1278 (La. Ct. App. Aug. 8, 2022). Cajun Conti LLC d/b/a Oceana Grill …

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Hawaii Appellate Court Finds Agent May Be Liable for Failing to Submit Claim

After the agent informed the insured there was no coverage and that submitting a claim would be a useless effort, the Hawaii Intermediate Court of Appeal reversed the trial court’s dismissal of the insured’s suit against the agent. Pflueger, Inc. v. AIG Holdings, Inc., 2022 Haw. App. LEXIS 279 (Haw. Ct. App. Sept. 2, 2022). …

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Colorado Federal Court Confirms Consequential Property Damage, But Finds No Coverage for Subcontractor

A recommended decision from the Magistrate Judge of the Federal District Court for the District of Colorado found there was no coverage for the subcontractor’s faulty workmanship, but recognized that Colorado finds consequential damages to be property damage. Indian Harbor Ins. Co. v. Houston Cas. Co., 2022 U.S. Dist. LEXIS 117857 (D. Colo. July 5, …

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Business Interruption Claim Triggered Under Civil Authority Provision

The California Court of Appeal found that the insured alleged facts sufficient to trigger coverage under a civil authority endorsement after government shutdown orders due to COVID-19 caused the insured to close its business. Butter Nails & Waxing v. Underwriters at Lloyd’s, 2022 Cal. App. Unpub. LEXIS 5264 (Cal. Ct. App. Aug. 25, 2022). The insured …

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COVID-19, Business Interruption Claim Survives Motion for Judgment on the Pleadings in Vermont

The Vermont Supreme Court found that the insured’s complaint alleging business interruption due to COVID-19 could survive the insurer’s motion for judgment on the pleadings. Huntington Ingall’s Industries v. Ace Am. Ins. Co., 2022 Vt. LEXIS 47 (Sept. 23, 2022). In March 2020, the Undersecretary of Defense told the insured, a military shipbuilding company, that it …

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