The question "when does the duty to defend start?" arises quite frequently. Succinctly, it starts immediately upon the filing of a covered lawsuit and tender to the insurer. "The defense duty is a continuing one, arising on tender of defense and lasting until the underlying lawsuit is concluded, or until it has been shown that
2008
Hawaii Appellate Court Again Addresses Payment of No-fault Benefits
By Tred R. Eyerly on
In a prior post, we discussed two appeals by Dr. Emerson Jou to the Hawai`i Intermediate Court of Appeals regarding notice requirements for reimbursement from no-fault policies. In a recent, third case pursued by Dr. Jou, the ICA agreed notice of denial of benefits was required pursuant to Haw. Rev. Stat. 431:10C-304…
Endorsement Referencing Non-existent Standard is Not Enforceable
By Tred R. Eyerly on
The Ninth Circuit recently decided that the insurer’s reliance upon a non-existent policy limit referenced by an endorsement was not supportable. See Ferguson v. Coregis Ins. Co., No. 06-35867 (9th Cir. June 3, 2008).
The policy issued to Coeur d-Alene School District by Coregis referred in several places to the…
Hawaii Federal District Court Remands Based On Undecided Coverage Issue
By Tred R. Eyerly on
The Hawaii Federal District Court recently remanded a coverage case to allow the Hawaii state court to decide whether an exclusion in a professional liability policy was applicable. See Keown v. Tudor Ins. Co., 2008 U.S. Dis;t. LEXIS 42996 (D. Haw. May 30, 2008).
The insured was a realtor and…
Hawaii Federal District Court Finds No Duty to Defend or Indemnify Under Homeower’s Policy
By Tred R. Eyerly on
Perhaps the most surprising aspect of a recent decision by the Hawaii Federal District Court is that the insurer agreed to defend under a homeowner’s policy, albeit under a reservation of rights.
In Allstate Ins. Co. v. Sylvester, 2008 U.S. Dist. LEXIS 42386 (D. Haw. May 21, 2008), the insured…
Coverage Found for Insured Under Vendor’s Endorsement
By Tred R. Eyerly on
In Sturla, Inc. v. Fireman’s Fund Ins. Co., 67 Haw. 203, 684 P.2d 960 (1984), the Hawai`i Supreme Court determined that the distributor of allegedly defective carpet was an insured under a Vendor’s Endorsement, but found there was no coverage based on exclusions in the policy. The opposite result was reached in…
Louisiana Supreme Court Scrutinizes Valued Policy Law in Hurricane Coverage Case
By Tred R. Eyerly on
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…
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…