Tred R. Eyerly | Insurance Law Hawaii
The insurer’s motion to cap a potential business interruption claim after the insured failed to provide documentation was denied. Lake Charles Instruments Inc. v. Scottsdale Ins. Co., 2022 U.S. Dist. LEXIS 116802 (W.D. La. July 2, 2022).
Plaintiff operated a business that was damaged during Hurricane Laura on August 27, 2020, and subsequently by Hurricane Delta on October 9, 2020. Plaintiff had a commercial property policy issued by Scottsdale that provided business income coverage of up to $500,000.
After Hurricane Laura, plaintiff submitted a claim. Plaintiff requested an advance. Scottsdale paid $50,000 on the business interruption (BI) claim while reserving rights to require full compliance with the policy, including submission of appropriate documentation. Scottsdale continued to request documentation, but none was received. Plaintiff also failed to provide documentation for its BI claim after Hurricane Delta. When documentation was finally provided, Scottsdale disputed that the documentation showed a BI claim that exceeded policy limits. Scottsdale determined the BI claim was below the policy limits.
Plaintiff filed suit. Scottsdale moved for summary judgment because plaintiff had not provided any report or documentation to refute Scottsdale’s findings. Plaintiff opposed the motion, arguing that its secretary and treasurer was familiar with the company’s bookkeeping and records, and would be able to testify that the company lost more than $500,000 in business income as a result of the storms.
Scottsdale argued the declaration from the secretary/treasurer was unsupported and the lay testimony would be insufficient to create a fact issue. The court disagreed. Based on the secretary/treasurer’s knowledge and experience of the business operations after the storm, she could testify and rebut the opinions offered by Scottsdale’s experts. Therefore, Scottsdale’s motion was denied.
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