In a prior post, we discussed Cornhusker Cas. Ins. Co. v. Kachman, No. 06-35106 (9th Cir. Jan. 30, 2008). In the initial Cornhusker decision, the Ninth Circuit certified to the Washington Supreme Court the issue of whether a cancellation letter sent by certified mail but never received by the insured was effective under
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Our blog has been added to Alltop (http://insurance.alltop.com/), a site featuring many insurance-related blogs nationwide. For each blog, Alltop lists several of the most current posts. So you can now log onto Alltop, visit insurancelawhawaii.com, and then check what is offered on other insurance-related sites.
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Burden of Proof Crucial in Determing Number of Occurrences
A case decided by the Illinois Supreme Court demonstrates how crucial the burden of proof is in determining coverage issues. The court determined two closely related deaths constituted two occurrences under the insured landowner's comprehensive liability policy. See Addison Ins. Co. v. Fay, No. 105752 (Ill. Sup. Ct. Jan. 23, 2009). Accordingly, the policy's aggregate limit was applicable.
Fifth Circuit Again Holds in Favor of Policy Holder in Katrina-Related Dispute
A prior post addressed Dickerson v. Lexington Ins. Co., 2008 U.S. App. LEXIS 26504 (5th Cir. Dec. 22, 2008), wherein the Fifth Circuit reversed its trend by issuing a Katrina-related decision in favor of the policy-holder. The Fifth Circuit recently upheld another decision in favor of policy-holders after Hurricane Katrina destroyed their home. See Grilletta
Katrina Canal Breaches Litigation Continues
In one of the major Hurricane Katrina-related decisions, In Re Katrina Canal Breaches Litigation, 495 F.3d 191 (5th Cir. 2007), the Fifth Circuit overturned the district court’s decision that flood exclusion is ambiguous. Hundreds of claims are still being litigated in the district court where an order was recently entered dismissing duplicate claims. See In
California Court Allows Stacking of Multiple Policies, Follows “All Sums” Rule
The California Court of Appeal recently issued an important case involving coverage for continuous property damage over several policy periods. Among its various rulings, the court held policy limits of multiple policies could be stacked. Further, the "all sums" rule, obligating each insurer to pay the entire claim, was applicable. See State of California v.
California Court of Appeal Affirms Bad Faith Ruling for Insurer’s Delays
The California Court of Appeal upheld a bad faith ruling based on the insurer's delay in paying benefits. See Major v. Western Home Ins. Co., 2009 Cal. App. LEXIS 4 (Cal. Ct. App. Jan. 6, 2009).
The insureds' home was destroyed by a wild fire in October 2003. They held a homeowners policy from
Regulating Insurance Companies in Hawaii
I was recently asked to look into investment and disclosure requirements for health insurance companies authorized to issue policies in Hawaii. A summary follows:
Hawaii Law
Investment requirements for all insurance companies are addressed in the Article VI of the Hawaii Insurance Code, Haw. Rev. Stat. §431:6-101-6-602. Generally, any security or other investment purchased by an insurer
Hawai`i Legislature’s Transfer of Assessments on Insurers to General Fund Violates Separation of Powers
Last April we reviewed the Hawai`i Intermediate Court of Appeals' (ICA) decision that the Insurance Commissioner's assessments against insurers were unconstitutional taxes. The Hawai`i Supreme Court recently affirmed in part, reversed in part. See Hawaii Insurers Council v. Lingle, 2008 Haw. LEXIS 287 (Haw. Dec. 18, 2008).
In 1999, the legislature created the Insurance
Hawai`i Supreme Court Reinstates Emotional Distress Claim Against Insurer
Although the insurer's conduct did not amount to bad faith in Young v. Allstate Ins. Co., 119 Haw. 403 (Haw. 2008), the court held plaintiff's allegations of intentional infliction of emotional distress (IIED) were sufficient to survive a motion to dismiss.
Plaintiff alleged she was stopped in traffic when a car operated by an