Senior Federal Judge L.T. Senter, Jr. of the Southern District of Mississippi has come full circle in his analysis of the anti-concurrent cause provision in home-owner’s policies. Judge Senter has been in the trenches, handling many of the initial Katrina insurance related cases at the trial court level. In some of Judge Senter’s
April 2008
Seventh Circuit Narrows Scope of Coverage Under Umbrella Policies
By Tred R. Eyerly on
Umbrella coverage typically provides two types of coverage: excess coverage and gap-filling coverage, which obligates the insurer to defend for any loss covered by the terms and conditions of the umbrella policy and not covered by the primary policy. In Dairy Road Partners v. Island Ins. Co., Ltd., 92 Hawai`i, 992 P.2d 93 …
Hawaii Appellate Court Affirms Denial of PIP Benefits Based on Indendent Medical Exam by Insurer’s Doctor
By Tred R. Eyerly on
At stake in Gillan v. Government Employees Insurance Co., No. 28075 (Haw. Ct. App. April 17, 2008), was whether the insurer could deny Personal Injury Protection (PIP) benefits based upon a review of medical records by a doctor chosen by the insurer but without the insured’s approval.
Gillian was injured in an accident while …
Fees Hawaii Charges Insurance Companies Deemed Unconstitutional Tax
By Tred R. Eyerly on
Although it did not address insurance coverage, the Hawaii Intermediate Court of Appeals (ICA) issued an important decision regarding the state’s regulation of the insurance industry in Hawaii Insurers Council v. Lingle, et al, No. 27840 (Haw. Ct. App. April 14, 2008).
The Insurance Regulation Fund (IRF) was established by the legislature in 1999, …
Ninth Circuit Strikes Down Requirement for In-State Agent to Sign Off on Policy
By Tred R. Eyerly on
Hawaii does not require a non-resident agent to secure approval for a newly written policy from a Hawaii resident agent. Nevada, however, does have such a law. The Ninth Circuit recently struck down Nevada’s countersignature law as a violation of the Privileges and Immunities Clause of Article IV. See Council of Insurance …
Insurers Score More Victories by Overturning Adverse Katrina Decisions
By Tred R. Eyerly on
Insurers continued an impressive record of securing reversals on appeal from adverse coverage decisions in Katrina related litigation. The two latest cases were issued on consecutive days, one by the Fifth Circuit Court of Appeals in Broussard v. State Farm Fire and Casualty Co., No. 07-60443 (5th Cir. April 7, 2008) and the other by…
Ninth Circuit’s Latest Coverage Case Finds No Coverage Under Auto Policy
By Tred R. Eyerly on
Continuing with its recent torrent of insurance coverage cases, the Ninth Circuit recently addressed whether an officer and director were covered under the corporation’s auto policy. See Progressive Casualty Ins. C. v. Owen, No. 06-35677 (9th Cir. March 26, 2008). The case relied on Montana law, which follow principles similar to those …
Ninth Circuit Lights Fire Under St. Paul, Ruling It Must Defend in Squabble Between Survivors of the Doors
By Tred R. Eyerly on
What makes for a more interesting insurance case than a fight between surviving members of the Doors leading to a coverage dispute over the duty to defend? Applying California case law, which is very similar to Hawaii case law, the Ninth Circuit recently determined St. Paul had a duty to defend a surviving of the …