Robert gave his initial impressions of this new Hawaii Supreme Court case last week. Del Monte Fresh Produce (Hawaii), Inc. v. Fireman's Fund Ins. Co., 117 Haw. 357, 183 P.3d 734 (2007). I add some thoughts and a summary below. By way of disclaimer, my name appears in the decision as one
December 2007
Insurance Policies Cannot Be Assigned Without Insurer Consent
By Tred R. Eyerly on
The Hawaii Supreme Court just held yesterday that insurance policies with an “assignments require consent” clause cannot be assigned without the insurance company’s consent. In Del Monte Fresh Produce (Hawaii), Inc. v. Fireman’s Fund Ins. Co. the Hawaii Supreme Court expressly held an assignment will not occur as a matter of law, but rather only…
Big Island Hotel Sues Excess Carrier for Failure to Cover Earthquake Damage
By Tred R. Eyerly on
Today’s Honolulu Advertiser reports that Mauna Kea Beach Hotel on the Big Island has sued one of its excess carriers for failure to provide coverage for earthquake damage suffered in October 2006. The story reports that three of the Hotel’s carriers have paid policy limits amounting to $30 million. Affiliated FM Insurance Co., …
Terrorism Risk Insurance Act Extended
By Tred R. Eyerly on
President Bush signed today H.R. 2761, the Terrorism Risk Insurance Program Reauthorization Act of 2007, preventing the expiration of the Act on December 31, 2007, and extending the federal insurance program for seven years. The Act extends coverage to catastrophic acts of not only foreign terrorism but also domestic terrorism.
White House Mulls Over Extension of Terrorist Risk Insurance Act
By Tred R. Eyerly on
In our continuing coverage of Congress’ rush to beat the December 31, 2007 expiration date of the 2002 Terrorist Risk Insurance Act, we note the House on Tuesday bowed to pressure from the Senate and the White House to pass a less ambitious extension of the Act than it had previously passed. Earlier
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Fifth Circuit Enforces Anti-Concurrent Causation Clause to Exclude Damage Caused by Flood
By Tred R. Eyerly on
Coverage of wind and flood damage under homeowners’ policies in the aftermath of Hurricane Katrina has been a hot topic of litigation. Because Hawaii is also prone to wind and flood damage, cases addressing coverage under homeowners’ policies has relevance here.
A recent case from the Fifth Circuit Court of Appeals,
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Federal Court Determines Hawaii Law Supports Reimbursement of Defense Costs Where No Duty to Defend
By Tred R. Eyerly on
In February, 2006, Federal District Court Judge Helen Gillmor granted the insurer’s Motion for Partial Summary Judgment, determining there was no duty to defend. Scottdale Ins. Co. v. Sullivan Properties, Inc., 2006 U.S. Dist. LEXIS 11582 (D. Haw., Feb. 27, 2006). The decision invited Scottsdale move for reimbursement of defense costs.
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Attorneys’ Fees and Bad Faith
By Tred R. Eyerly on
Practitioners have noticed, and have been puzzled by, a schism in the Supreme Court of Hawai`i’s rulings on attorneys’ fees in bad faith actions. At least one case held that a bad faith action was in the nature of assumpsit and, thus, awarded fees to the insurer from the insured. Six months later, another case…
Homeowner’s Policy Limits Coverage for Additional Insureds to Vicarious Liability
By Tred R. Eyerly on
In Garcia v. Federal Ins. Co., Case No. SC06-2524 (Fla., Oct. 25, 2007), the Florida Supreme Court recently analyzed certified questions from the Eleventh Circuit regarding coverage for an additional insured under a homeowner’s policy. The issue was whether the policy’s coverage of the additional insured was limited to vicarious liability for
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House Passes Bill Extending Terrorism Risk Insurance Act
By Tred R. Eyerly on
Last week, we reported Congress was considering extending the Terrorism Risk Insurance Act of 2002, set to expire on December 31, 2007. Today, the House approved a bill 303-116 to extend the Act and expand coverage despite the threat of a presidential veto. While the Senate bill merely extends the existing program for …