A commentary on insurance coverage issues in Hawaii and beyond
Having experienced an earthquake of 6.8 magnitude in October 2006, resulting in extensive property damage, many Big Island homeowners would appreciate a policy offering coverage for loss due to earthquake. Earthquake coverage is hard to come by, however, and when it is available, it is expensive.
I recently reviewed an all
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In Sentinel Insurance Company, Ltd. v. First Ins. Co. of Hawaii, Ltd., 76 Haw. 277, 875 P.2d 894 (Haw. 1994), the Hawaii Supreme Court addressed equitable apportionment of liability among two insurers who provided coverage at various times over a number of years during which property damage occurred. In Sentinel, the …
Reuters reports that Florida insurance regulators have suspended Allstate from writing auto policies because of its failure to cooperate with an investigation regarding the company’s property insurance policies. Allstate was scheduled to testify for two days before regulators regarding a proposed rate increase of 41% for property insurance. The hearing was cancelled after …
The Honolulu Star Bulletin reports Hawaii Medical Service Association (“HMSA”) will increase its rates for large-employer groups of 100 or more employees by 9.2 percent, the steepest increase since 2002 when the rates were raised 12.9 percent. HMSA, the state’s largest health insurers, says although hospital admissions are not increasing, medical payments to …
We recently reported on Florida’s investigation of Allstate’s charging increased premiums. Today’s Times Picayune reports Allstate is also in hot water with Louisiana regulators.
Policyholders have filed recent complaints with the Louisiana Department of Insurance because Allstate has been encouraging homeowners to re-write their policies with cheaper premiums but without hurricane …
The Fifth Circuit Court of Appeals recently considered whether an insurer must cover a subcontractor’s contractual obligation to indemnify the contractor for the contractor’s negligence. XL Specialty Ins. Co. v. Kiewit Offshore Services, Ltd., No. 06-41785 (5th Cir. Jan. 2, 2008). The subcontractor’s employee was killed at a job site explosion …
The New York Times reported on Sunday on profession liability policies available to CIA employees through Wright and Company. The polices are becoming increasingly important while the investigation of the destruction of the interrogation videotapes heats up.
The standard policy costs $300 annually, with the government typically paying half the premiums …
Last week, we reported the Florida Insurance Commissioner had suspended Allstate from writing new policies after it failed to comply with the Commissioners’ subpoena regarding Allstate’s steep increase in property insurance premiums. Reuters reports that on Friday, the Florida Court of Appeal stayed the Commissioner’s order for ten days, allowing Allstate’s 1,100 Florida
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The California Court of Appeal issued a decision this week analyzing the applicability of the Efficient Proximate Cause Doctrine in denying coverage under a homeowners policy. De Bruyn v. The Superior Court, B198622, Court of Appeal of the State of California, Second Appellate District.
California has codified the Efficient Proximate…
In an earlier post, Robert discussed the impact of the Ninth Circuit’s decision in Burlington Ins. Co. v. Oceanic Design & Constr., 383 F.3d 940 (9th Cir. 2004) on Hawaii insurance law. Robert pointed out in Burlington, the Ninth Circuit predicted that under Hawaii insurance law, the Hawaii Supreme Court …
