In Amherst Country Club, Inc. v. Harleysville Worcester Ins. Co., 2008 U.S. Dist. LEXIS 48481 (D. N.H. June 24, 2008), the District Court determined there was no coverage when the loss was caused by both a covered event and an excluded event. The court analyzed the efficient proximate cause doctrine, but found
July 2008
Hawaii Supreme Court Finds Auto Policies Ambiguous
By Tred R. Eyerly on
The Supreme Court’s recent decision in Allstate Ins. Co. v. Pruett, No. 26830 (Haw. Sup. Ct. June 25, 2008), addressed several issues regarding auto policies issued by AIG and Allstate.
The facts revolved around a household consisting of a mother insured by Allstate, a daughter insured by AIG, and a…
Doctrine of Efficient Proximate Cause Alive and Well in Washington
By Tred R. Eyerly on
Under the doctrine of proximate cause, where a peril specifically insured against sets in motion other causes which, in an unbroken sequence between the act and final loss, produces the result for which recovery is sought, the insured peril is regarded as the "proximate cause" of the entire loss and coverage exists. The…
Hawaii Supreme Court Grants Certiorari in Auto Policy Case
By Tred R. Eyerly on
The Hawaii Supreme Court has granted a writ of certiorari in Gillan v. Gov’t Employees Ins. Co., 184 P.3d 780 (Haw. Ct. App. 2008). Moreover, the Supreme Court ordered that oral argument will be conducted in the case. See Gillan v. Gov’t Employees Ins. Co., No. 28075 (Haw. June 23, 2008).
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New Rate Models
By Tred R. Eyerly on
A recent Wall Street Journal article critiques insurers for the recent use of computerized risk projection models to take global warming into account. Previously, insurers relied primarily on historical data to set rates. After the severe hurricanes in 2004, insurers started using new computer models to project natural catastrophes over the next several years (a…