2008

     Reading many Katrina-related cases and the onset of National Flood Safety Awareness Week this week forces me to ponder the purchase of flood insurance.  Every article and relevant website on the subject advocates the purchase of flood insurance. Still, our Honolulu home is on high ground, a mile and a half from the …

     Hawaii courts have yet to determine the impact of an anti-concurrent cause provision when a property owner suffers damage caused by wind and rain.  The U.S. District Court for the District of Maryland recently found such a provision in a homeowner’s policy barred coverage where both wind and rain caused damage.  Bao v. …

     As a former resident of Alaska, I keep close tabs this time of year on the progress of the Iditarod, a sled dog race from Anchorage to Nome, covering 1100 miles.  Six days into the race, the leaders reached Cripple, Alaska today, the halfway point.

     I cannot think of a Hawaii …

     A recent post noted the Hawaii legislature’s resurrection of the medical malpractice liability bill.  The Honolulu Advertiser reports the bill was effectively killed two days later. 


     The Hawaii Medical Association promoted the reform legislation, contending a cap on non-economic damages would lower malpractice premiums and reduce some of the uncertainty about …

     The New York Court of Appeals recently ruled that commercial property owners can seek “consequential damages” against their insurers who breach the policy.  In reaching its decision, the Court relied, in part, on a decision by the Hawaii Court of Appeals, The Best Place, Inc. v. Penn Am. Ins. Co., 82 Haw. 120, …

     Under Hawaii law, a party to a construction contract cannot exempt itself from liability for bodily injury caused by its “sole negligence or willful misconduct.”  Haw. Rev. Stat. §431:10-222.   Texas is similar in that it does not allow an indemnity agreement to cover an indemnitee’s sole negligence, but provides an exception if the …

     The Honolulu Advertiser reports that the Hawaii Department of Commerce and Consumer Affairs has issued ten licenses to new captive insurance companies, bringing the total of approved licenses to 212 since the industry was established in 1986.

     Captive insurance is a type of self-insurance whereby a company establishes a separate, licensed …

     The Hawaii Intermediate Court of Appeals recently issued an important decision regarding uninsured motorist (“UM”) coverage.  In Liki v. First Fire & Casualty Ins. of  Hawaii, Inc., No. 28076 (Ct. App. Haw. Feb. 29, 2008), the ICA extended the Hawaii Supreme Court’s “chain of events” test to find a sufficient connection between …

     Under Hawaii Insurance law, punitive damages are not insurable unless expressly provided for in an insurance policy.  Haw. Rev. Stat. §431:10-240.  A recent Texas case issued a surprising decision holding that public policy did not bar a liability insurer from covering punitive damage for an employer’s gross negligence.  See Fairfield Ins. Co. v. …

     We are in no hurry for another hurricane to strike Hawaii.  Hurricane Katrina, however, has created many interesting insurance-related issues.  if and when a hurricane strikes Hawaii again, resolution of these issues are bound to impact Hawaii insurance law.

     The Associated Press reports Allstate will restore coverage for hundreds of customers…