In the recent decision of Korte & Luitjohan Contractors Inc. v. Erie Insurance Exchange, the Fifth District Appellate Court of Illinois reaffirmed that, under Illinois law: (1) construction defects generally do not trigger coverage under commercial general liability insurance policies; (2) such policies generally do not cover the cost to repair construction defects or economic losses resulting from construction defects; and (3) parol evidence is irrelevant to the ... Keep Reading »
Damage/Loss
Sixth Circuit Finds No Coverage for Alleged Losses Related to COVID-19
Just like the tidal wave of trial court decisions in favor of insurers in COVID-19 business interruption insurance coverage lawsuits, a similar wave of appellate decisions is now forming. In Dakota Girls LLC v. Philadelphia Indemnity Insurance Co., the Sixth Circuit Court of Appeals, applying Ohio law, affirmed the dismissal of a lawsuit brought by private preschools seeking coverage for alleged COVID-19-related business interruption losses. The Sixth Circuit held there ... Keep Reading »
Florida Appellate Court Rejects Third Party’s Attempt to Rewrite Appraisal Clause in Property Insurance Policy
On November 10, 2021, Florida’s Fourth District Court of Appeal weighed in on a matter involving the interpretation of an appraisal clause for resolving disputes regarding the amount due for covered loss in First Call 24/7, Inc. v. Citizens Property Insurance Corp. In July 2018, Citizens Property Insurance insured a piece of property owned by the policyholder. The policyholder contacted First Call 24/7 Inc. to provide water mitigation services after her property ... Keep Reading »
10th Circuit Finds No Coverage Under All-Risk Policy for Building Damage Caused by Soil Collapse Triggered by Burst Water Pipe
In Naabani Twin Stars, LLC v. St. Paul Fire & Marine Insurance Co., the Tenth Circuit Court of Appeals held that St. Paul Fire and Marine Insurance Co. has no duty to cover damage that occurred when a building’s underlying soil collapsed, but not the building itself, due to a burst water pipe under an adjacent parking lot. In July 2016, a waterline under a parking lot, near a building owned by Naabani Twin Stars LLC and Twin Stars Limited, ruptured. Two ... Keep Reading »
Florida Federal Court Affirms Insurer’s Denial of Hurricane Irma Claim Reported More Than Two Years Late
The U.S. District Court for the Southern District of Florida granted a motion for summary judgment in favor of the insurer in LMP Holdings v Scottsdale Insurance Co., holding that the insurer was prejudiced by the insured’s delayed reporting of the claim. The matter concerned a Hurricane Irma claim for a commercial property located in Miami-Dade County, Florida. The insurer, Scottsdale Insurance Co., issued LMP Holdings Inc., the insured, an all-risk commercial ... Keep Reading »
Eleventh Circuit Finds No Insurance Coverage for Dental Practice’s COVID-19 Business Income Loss Under Georgia Law
In a recent decision, the Eleventh Circuit Court of Appeals ruled that an insured's failure to allege "direct physical loss or damage" to property was fatal to its COVID-19-related business interruption claim. Although addressed ad nauseam by the district courts - with the overwhelming majority finding no coverage - the Eleventh Circuit's unpublished decision appears to be just the second federal appellate opinion on this issue. The other, the Eighth Circuit's decision ... Keep Reading »
South Carolina Supreme Court Authorizes Homeowner’s Insurers to Estimate Depreciation of “Embedded Labor Components” in Calculation of Actual Cash Value
The South Carolina Supreme Court, in the matter of Butler v. Travelers Home & Marine Insurance Co., held that when an insurer is determining actual cash value (ACV) under a homeowners insurance policy, the insurer can depreciate the cost of labor that includes both materials and embedded labor components. The case concerns two separate matters that were filed in a single action in federal district court involving fire damage to the homes of plaintiffs Miriam ... Keep Reading »
Insurer Prevails in First Substantive Appellate Ruling in COVID-19-Related Insurance Coverage Litigation
In what appears to be the first substantive appellate ruling in COVID-19-related insurance coverage litigation, the Eighth Circuit Court of Appeals in Oral Surgeons, P.C. v. Cincinnati Insurance Co. ruled in favor of the insurer and affirmed the trial court’s order of dismissal under Iowa law. The plaintiff in Oral Surgeons, a dental practice, allegedly sustained financial losses due to the COVID-19 pandemic and related government orders that temporarily restricted ... Keep Reading »
Florida Senate Passes Legislation to Reform Litigation for Property Insurance Claims
Toward the end of the 2021 Florida legislative session, the Florida Senate passed Senate Bill 76, a bill that focuses on reducing litigation related to property insurance claims and also places restrictions on companies soliciting insureds to file roof claims. At the heart of SB 76 is the implementation of a presuit requirement that any claimant (who is not an assignee of the policy) must provide written notice of intent to initiate litigation to the insurer at least ... Keep Reading »
Beware the Honest Hacker: Indiana Supreme Court Finds That Bitcoin Payment Is Not Necessarily Covered Loss Under Commercial Crime Policy Because Not Every Ransomware Attack Involves Fraud
In G&G Oil Company of Indiana Inc. v. Continental Western Insurance Co., the Indiana Supreme Court considered the emerging area of computer crime coverage. G&G Oil was insured under a multi-peril commercial common insurance policy by Continental that provided commercial crime coverage. Specifically, the policy provided the following coverage provision: We will pay for loss or damage to "money," "securities" and "other property" resulting directly from the use ... Keep Reading »
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