A commentary on insurance coverage issues in Hawaii and beyond
Allegations in the underlying complaint proved crucial in analyzing coverage for an additional insured under Texas' eight-corners rule. See The Burlington N. and Santa Fe R. R. Co. v. National Union Fire Ins. Co. of Pittsburgh, Pa., No. 08-06-00022CV, 2009 Tex. App. LEXIS 9347 (Tex. Ct. App. Dec. 9, 2009).
The railroad entered…
If the insurer pays for adjusted flood damage, can the insured sue for additional coverage when no proof of loss is filed? Following its own precedent, the Fifth Circuit determined no coverage was due above the adjusted amount when the insured failed to file a proof of loss ("POL"). See Talbott v. Fidelity Nat. Ins. Co.…
No substantive post today. All of the research/writing elves here at insurancelawhawaii.com, save one, have the rest of the week off.
But we take this opportunity to extend to you and your's a Merry Christmas and Happy New Year.
Complicated facts but easily understood legal standards were presented in Breaux v. Halliburton Energy Serv., Inc., No. 04-1636, 2009 U.S. Dist. LEXIS 112374 (E.D. La. Dec. 2, 2009).
Era Aviation, Inc., a subsidiary of Rowan Companies, Inc., transported oil field workers by helicopter to an offshore drilling vessel in the Gulf owned by Unocal. …
The insured's Standard Flood Insurance Policy (SFIP) was issued by Allstate, a Write-Your-Own carrier participating in the National Flood Insurance Program (NFIP). See Borden v. Allstate Ins. Co., No. 08-30515, 2009 U.S. App. LEXIS 25599 (5th Cir. Nov. 20, 2009). After suffering flood damage from Hurricane Katrina on August 20, 2005, the insured…
The Fourth Circuit recently asked the West Virginia Supreme Court of Appeals whether a state law stating that contract rights vest in the survivor of a merger nullified a non-assignment provision in an auto policy that was transferred to a successor corporation. See State Auto Prop. and Cas. Ins Co., No. 08-1481, 2009…
By statute, Hawai`i allows a party who successfully sues the insurer for benefits to recover reasonable attorney fees. Haw. Rev. Stat. 431:10-242. In Riordan v. State Farm Mut. Auto. Ins. Co., No. 08-35874, 2009 U.S. App. LEXIS 26888 (9th Cir. Dec. 10, 2009), the court determined that Montana case law also allows the…
Coverage for an insured contractor sued after hurricane related-damage to condominium units was the issue in Rolyn Companies, Inc. v. R & J Sales of Texas, Inc., No. 08-61618, 2009 U.S. Dist. LEXIS 106881 (S.D. Fla. Nov. 16, 2009).
In October 2005, Hurricane Wilma damaged Stonebridge Gardens, a condominium community. The association hired…
Is there a duty to defend under a claims made policy when the insurer has notice of alleged malpractice before the policy period, but the insured is not sued until the policy period actually commences? In what appears to be a harsh result, the Tenth Circuit determined the notice and filing of suit were a single act. …
A minor milestone is reached today as we reach the two year anniversary of insurancelawhawaii.com. It has been an interesting and informative journey, keeping abreast of insurance issues in Hawai`i and elsewhere.
Again, thanks is extended to fellow Damon Key bloggers, Robert Thomas (http://www.inversecomdemnation.com) and Mark Murakami (http://www.oceanlawhawaiil.com), for feeding me with…
