Motion to Striker Insurer’s New Argument Granted

    The court granted a motion to strike the insurer’s new argument that the insured had made misrepresentations in its application for the policy. Great Lakes Ins. v. Gray Group Inves., LLC, 2021 U,S. Dist. LEXIS 243929 (E.D. La Dec. 22, 2021).     Gray Group sought coverage for its yacht, HELLO DOLLY VI, … Read more

Hawaii Federal District Court Denies Title Insurer’s Motion for Summary Judgment

    In a rare title insurance dispute before the federal district court in Hawaii, the court denied the insurer’s motion for summary judgment while granting the insured’s motion for summary judgment. First  Am. Title Ins. Co. v. GS Industries, LLC, 2021 U.S. Dist. LEXIS 240601 (D. Haw. Dec. 16, 2021).     GS Industries, … Read more

Issues of Fact Prevent Insurer’s Summary Judgment Motion in Collapse Case

    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 was a “sudden and accidental direct physical loss” to his home caused by collapse due … Read more

Insurer’s Motion for Summary Judgment on COVID-19 Claim Denied, Case Set for Trial

    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 Ins. Co., 2021 Ohio Misc. LEXIS 885 (Ohio Ct. Pleas Nov. 14, 2021).      … Read more

Insurer’s Motion to Dismiss Business Interruption, COVID-19 Claims Under Pollution Policy Fails

    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).     The insured was forced to cease operation after executive orders by the governor and mayor … Read more

Insurer’s Motion to Dismiss COVID-19 Business Interruption Claim Denied

    Determining that government shutdown orders during the pandemic were a physical cause of loss and finding the virus exclusion ambiguous, the court denied the insurer’s motion to dismiss. Risinger Holdings v. Sentinel Ins. Co., 2021 U.S. Dist. LEXIS 192474 (D. E.D. Texas Sept. 30, 2021).     Risinger owed several orthodontic practices. It held a policy issued … Read more

Law Firm’s Business Income, Civil Authority Claim Due to Hurricanes Survives Insurer’s Motion for Summary Judgment

    The insurer was unsuccessful in moving for summary judgment on the insured’s claim for loss of business income and civil authority coverage due to losses caused by two hurricanes. Townsley v. Ohio Security Ins. Co., 2021 U.S. Dist. LEXIS 202698 (W.D. La. Oct. 20, 2021).     Hurricane Laura struck southeast Louisiana on … Read more

Insurer’s Late Notice Defense Fails on Summary Judgment

    The insurer’s motion for summary judgment to dismiss the claim because the insurer did not provide notice “as soon as practicable” was denied. Vintage Hospitality Group LLC v. Nat’l Trust Ins. Co., 2021 U.S. Dist. LEXIS 192651 (M.D. Ga. Oct. 6, 2021).          Vintage owned hotels, one of which was struck … Read more

Insurer’s Motion to Dismiss COVID-19 Business Interruption Claim Denied

    Determining that government shutdown orders during the pandemic were a physical cause of loss and finding the virus exclusion ambiguous, the court denied the insurer’s motion to dismiss. Risinger Holdings v. Sentinel Ins. Co., 2021 U.S. Dist. LEXIS 192474 (D. E.D. Texas Sept. 30, 2021).     Risinger owed several orthodontic practices. It held a policy issued … Read more

Missouri Federal District Court Denies, In Part, Insurer’s Motion for Summary Judgment on COVID-19 Claims

    The federal district court denied the insurer’s motion for summary judgment to dismiss the restaurant’s business interruption claim because expert testimony created a factual issue on whether COVID virus particles had actually contaminated the insured’s property. K.C. Hopps v. Cincinnati Ins. Co., 2021 U.S. Dist. LEXIS 179633 (W.D. Mo. Sept. 21, 2021).   … Read more