In Hawaii Management Alliance Assoc. v. Schmidt, 2008 U.S. Dist. LEXIS 69995 (D. Haw. Sept. 5, 2008), the the insured ("HMAA"), a mutual benefit society, challenged a memorandum issued by the Hawaii Insurance Commissioner which stated granting a plan administrator discretionary authority so as to deprive the insured of a de novo
Attorney Fees Denied Despite Insured’s Successful Suit Securing Coverage
The simple issue in Mohnkern v. The Professional Ins. Co. was: does a Florida statute automatically award attorneys’ fees upon a successful outcome by the beneficiary/insured? Or does the statute require the insurer to have wrongfully caused the insured/beneficiary to resort to litigation before attorneys’ fees can be awarded?
The Florida
Tulane University Seeks Coverage for Katrina Damage
Three years after Katrina, Tulane University continues to be mired in litigation seeking coverage under its property policies for damage inflicted by the hurricane. In Ace American Ins. Co. v. Administrators of the Tulane Educational Fund, 2008 U.S. Dist. LEXIS 66299 (E.D. La. Aug. 29, 2008), the court decided several coverage issues
ICA Oral Argument on Coverage Issues
An oral argument on coverage issues is scheduled before the ICA on November 12, 2008. The brief description of the case (generally drafted by an ICA law clerk) states:
Chezray Hayes, a minor, died when the aircraft he waspiloting crashed on Molokai. His parents, Defendants-AppelleesMitchell and Natalie Hayes (the Hayes), filed a wrongful
Is Damage From Hurricane Ike Caused by Flood or Wind?
The battle has begun on whether the Hurricane Ike’s damage to the Texas coast was a result of flood or wind. Here is an interesting post from a Texas blogger suggesting that the litigation spawned by Hurricane Katrina may continue in the wake of Hurricane Ike.
Since the storm, Texas legislators
Rights Under Insurance Policy Assignable
Can an insured assign the rights to payment under its insurance policy even though the policy includes a consent-to-assignment clause? The Vermont Supreme Court recently answered, yes. See In re Ambassador Ins. Co., 2008 Vt. LEXIS 108 (Vt. Aug. 14, 2008).
Ambassador issued two occurrence-based excess policies to Green Industries
We’re Number One!
Or at least in the top 50. We just received word that Lexis-Nexis selected Insurance Law Hawaii to be in the Top 50 Blogs for Insurance Law. Today Lexis-Nexis, tomorrow the world?
Thanks for visiting our site and helping us achieve this honor.
Galveston in the Aftermath of Hurricane Ike
After visiting Galveston last month, I registered concern about living on the island in this post. I never imagined the eye of a deadly hurricane would hit Galveston in my lifetime, let alone one month after my visit.
The reports and television images show near total destruction on Galveston Island.
Texas Supreme Court Follows Hawai`i Case Law in Adopting Injury-In-Fact Trigger
In answering a certified question from the Fifth Circuit, the Texas Supreme Court adopted the injury-in-fact trigger for a comprehensive liability policy in Don’s Building Supply Inc. v. OneBeacon Ins. Co., No. 07-0639 (Tex. Aug. 29, 2008).
The insured sold and distributed insulation which was installed in various homes from
Reversing Itself, Court Finds Anti-Concurrent Causation Clause Valid
Although it had previously found a policy’s anti-concurrent causation clause to be ambiguous, a Louisiana federal district court reversed itself in Cameron Parish School Bd. v. RSUI Indemn. Co., 2008 U.S. Dist. LEXIS 64902 (W.D. La. Aug. 25, 2008).
The insured school board had several schools damaged by Hurricane Rita.