A commentary on insurance coverage issues in Hawaii and beyond
Sometimes you read an opinion and ask why the case was ever filed. What was the plaintiff thinking? This was my impression in reading Vu v. National Fire Indemnity Exchange, Civil Action No. 07-6529, 2008 U.S. Dist. LEXIS 58820 (E. D. La. Aug. 4, 2008).
The insureds’ business, located in…
After enduring a tortured, ultimately failed attempt to negotiate a settlement under a renter’s protection policy, the insured sued. The trial court granted United Services Automobile Association’s motion for summary judgment, but the Hawaii Intermediate Court of Appeals vacated the decision and remanded for a determination of whether USAA’s interpretation of its policy…
My wife and I are in Houston. Houston is not a vacation destination, but we are here on personal business.
On Saturday, we took a side trip to Galveston. Hurricanes were on my mind. Galveston was the sight of a devastating hurricane in 1900. Further, Tropical Storm Fay is currently lurking…
Following the Fifth Circuit, the Ninth Circuit recently found a flood exclusion to be unambiguous. See Northrop Grumman Corp. v. Factor Mut. Ins. Co., No. 07-56760 (9th Cir. Aug. 14, 2008).
The insured, Northrop, owned a shipyard in Pascagoula, Mississippi. Northrop's primary policy, issued by Factory Mutual, was an "all…
When an insurer pursues a subrogation claim, can the defendant rely on the insureds’ factually deficient discovery responses in a motion for summary judgment? The court in Great American Ins. Co. v. Gordon Trucking, Inc., F053336 (Cal. Ct. App. July 29, 2008) held the defendant could not rely on the insureds’ factually…
Imagine an case involving a policy’s anti-concurrent causation clause which (1) does not arise from a Gulf State; and (2) does not concern the flood/wind dichotomy. A recent case fits this criteria: Colorado Intergovernmental Risk Sharing Agency v. Northfield Ins. Co., 2008 Colo. App. LEXIS 1165 (Colo. Ct. App. July 24, 2008).
The Texas Supreme Court recently held a liability insurer may indemnify an award of punitive damages imposed because of an insured’s gross negligence. Public policy, the court reasoned, favored freedom of contract. The court, however, limited this decision to the workers’ compensation context.
Of note, the Texas court noted that Hawaii has statutorily adopted the…
