Hawaii Supreme Court Paves the Way for Maui Fire Settlement to Proceed

Tred R. Eyerly | Insurance Law Hawaii The settlement reached in the Maui fire cases appears to be a step closer to becoming a reality after the Hawaii Supreme Court issued its Order answering three reserved questions posed by the circuit court. In the Matter of the Petition for the Coordination of Maui Fire Cases,… Continue reading Hawaii Supreme Court Paves the Way for Maui Fire Settlement to Proceed

Three-Dimensional Chess: Harmonizing Dispute Resolution Clauses in Commercial Insurance Programs

Elizabeth J. Dye and Mark J. Plumer | Policyholder Pulse Considering the complex structure of commercial insurance programs—typically purchased in annual “towers” of insurance—risk managers and in-house counsel often do not pay sufficient attention to arbitration-related provisions, which the insurance industry is more frequently including in its policies. That’s like playing only one board in… Continue reading Three-Dimensional Chess: Harmonizing Dispute Resolution Clauses in Commercial Insurance Programs

Where There’s Smoke, Is There Coverage? A Closer Look at Bottega, LLC v. National Surety and Gharibian v. Wawanesa

Rachel E. Hudgins and Scott P. DeVries | Hunton Insurance Recovery Blog For policyholders, insurance is meant to provide peace of mind—a promise that when disaster strikes, they’ll have financial support to rebuild and recover. But as two recent cases show, the question of what qualifies as covered “direct physical loss or damage” can lead… Continue reading Where There’s Smoke, Is There Coverage? A Closer Look at Bottega, LLC v. National Surety and Gharibian v. Wawanesa

California Appellate Court Rules Wildfire Debris Does Not Qualify as “Direct Physical Loss” Under Homeowners Insurance Policy

Novera H. Ahmad | PropertyCasualtyFocus The Second Appellate District of the California Court of Appeal recently affirmed a lower court ruling that wildfire debris on an insured’s property did not qualify as “direct physical loss” within the meaning of a homeowners insurance policy, as there was no burn damage to the property. The ruling, Gharibian v.… Continue reading California Appellate Court Rules Wildfire Debris Does Not Qualify as “Direct Physical Loss” Under Homeowners Insurance Policy

A Warning To Carriers On The Risks Of Undefined Terms In Policies

Erik Tomberg and Spencer Hoisington | Wilson Elser On December 13, 2024, the North Carolina Supreme Court issued a ruling in a business interruption coverage case that strayed from the national trend of courts finding in favor of insurance carriers following government-ordered business closures during the COVID-19 pandemic. Specifically, in North State Deli, LLC, et… Continue reading A Warning To Carriers On The Risks Of Undefined Terms In Policies