The latest Hurricane coverage case issued by the Louisiana Supreme Court had the potential to be another block-buster on the anti-concurrent causation clause we have discussed in prior posts here. See Mark Landry v. Louisiana Citizens Property Ins. Co., No. 2007-C-1907 (La. May 21, 2008). The Court of Appeal had determined
May 2008
Hawaii Federal Court Dismisses Action on Duty to Indemnify When Underlying Cases Still Being Litigated
By Tred R. Eyerly on
In a recent case, the U.S. District Court for the District of Hawaii determined the insurer’s duty to indemnify was unripe for decision because the underlying litigation was still ongoing in state court. See Western World Ins. Co. v. The County of Hawaii, 2008 U.S. Dist. LEXIS 40118 (D. Haw. May 15…
Hawaii Legislation Extends Health Plans to Self-Employed
By Tred R. Eyerly on
The Hawaii legislature recently passed HB No. 2224, a bill requiring group health issuers to offer small group health plans to self-employed individuals. The effective date of the bill is September 1, 2008. The bill authorizes the Insurance Commissioner to exempt certain group health plans if the group health issuer does not…
Florida and Allstate Resolve Differences – For Now
By Tred R. Eyerly on
In a prior post, we discussed Florida’s ongoing investigation of Allstate’s alleged collusion with other insurance companies to keep insurance rates artificially high. When Allstate failed to comply with a subpoena in January and testify about its property insurance business, it was suspended by Florida’s Office of Insurance Regulation.
Allstate’s…
New York Concurs with Hawaii on Coverage For Additional Insureds
By Tred R. Eyerly on
Coverage for an additional insured is typically limited to instances where the insured’s negligence causes injury. For example, in First Ins. Co. of Hawaii, Inc. v. State of Hawaii, 66 Haw. 413, 665 P.2d 648 (1983), the state was named as an additional insured in a policy issued to a contractor building…
Ninth Circuit Ratifies Burlington’s Mistake
By Tred R. Eyerly on
Burlington Insurance Company wins again. The Ninth Circuit of Appeals issued an unpublished decision a few months ago entitled Burlington Insurance v. Steve’s Ag Services, which appears to perpetuate some of the logic flaws in the original Burlington decision. Although the court refused to explain the underlying facts (instead simply stating "the parties are…
Bill Extending National Flood Insurance Program Passes in Senate
By Tred R. Eyerly on
The Associated Press reports here that the Senate passed today its version of a bill extending the National Flood Insurance Program for five more years. In order to make the program more financially solvent, the bill would increase premiums and reduce subsidies. The Senate rejected extending the program to cover wind damage. The…
Hawaii Court of Appeals Finds Statutory Notice Required In Billing Disputes
By Tred R. Eyerly on
The Intermediate Court of Appeals recently decided two cases regarding a doctor’s billing disputes with Island Insurance Company, Ltd. See Jou v. Schmidt, No. 27369, 2008 Haw. App. LEXIS 213 (Haw. Ct. App. April 29, 2008); Jou v. Schmidt, No. 27370, 2008 Haw. App. LEXIS 215 (Haw. Ct. App. April 30…
More Hurricane Insurance Coverage Made Available for Hawaii
By Tred R. Eyerly on
The Pacific Business News reports here that hurricane insurance should be more easily available thanks to a partnership formed between Argo Group US and First Insurance Co. of Hawaii. First Insurance will transfer approximately 13,000 hurricane endorsements to Argo, who will then issue new hurricane policies. The good news is that this partnership will…
State Court Trend: Moving Away from Burlington
By Tred R. Eyerly on
An article recently came out in the "Construct" journal, put out the Construction Litigation Committee of the ABA, entitled "State Courts Trend: Coverage for Faulty Workmanship." This article is similar to an earlier blog post analyzing the Ninth Circuit decision entitled Burlington Ins. Co. v. Oceanic Design & Constr., Inc. (9th Cir. 2004) and…