The Fifth Circuit vacated and remanded the district court's conclusion that the insurer was not obligated to defend or indemnify an additional insured after sued by a person allegedly injured in the insured's casino when falling off a stool. See Barden Mississippi Gaming LLC v. Great Northern Ins. Co., No. 08-60521, 2009 U.S. App. LEXIS
July 2009
Claim for Failure to Act in Good Faith Survives Motion to Dismiss
By Tred R. Eyerly on
In Cecilia Schwaber Trust Two v. Hartford Accident and Indemn. Co., No. JFM-06-0956, 2009 U.S. Dist. LEXIS 59788 (D. Md. July 14, 2009), Hartford unsuccessfully moved to dispose of the insured's claim for failure to act in good faith.
Hartford's policy covered the insured's warehouse for the period March 1, 2002…
Computer Generated Notice is Adequate Under Claims-Made Policy
By Tred R. Eyerly on
In East Texas Medical Ctr. Regional Health Sys. v. Lexington Ins. Co., No. 07-40904 (5th Cir. July 10, 2009) [here], the Fifth Circuit determined Lexington received proper notice from the insured of a claim by a computer-generated loss run.
Lexington's claims-made medical malpractice policy ran from June 8, 2002, to June 8…
Ninth Circuit Rejects Coverage Based on Insured Versus Insured Exclusion
By Tred R. Eyerly on
The "insured versus insured" exclusion in a Directors and Officers Liability policy was at issue in Biltmore Assoc., LLC v. Twin City Fire Ins. Co., No. 06-16417, 2009 U.S. LEXIS 15322 (9th Cir. July 11, 2009).
The policy named Visitalk.com, Inc. and its directors and officers as insureds, and promised to pay losses …
Hawai`i Supreme Court Asked to Interpret Pollution Exclusion
By Tred R. Eyerly on
No Hawai`i appellate court has ever interpreted the meaning of the CGL policy's pollution exclusion. The Ninth Circuit recently issued an Order certifying a question to the the Hawai`i Supreme Court regarding its interpretation of the pollution exclusion. See Apana v. TIG Ins. Co., No. 08-15369 (9th Cir. July 15, 2009) [here…
Hawaii Insurance Lawyers Meet Insurance Commissioner
By Tred R. Eyerly on
The Insurance Coverage Group of the Hawai`i State Bar Association recently met with Hawai`i Insurance Commissioner, J. P. Schmidt. The Commissioner gave his insight on the state of the Insurance industry on both the mainland and in Hawai`i.
At the national level, the Commissioner reported there are several bills before Congress to federalize the insurance…
No Coverage for Damage to Cotton in Insured’s Care, Custody and Control
By Tred R. Eyerly on
Acknowledging that the insured's cotton was damaged by an occurrence, the Eighth Circuit nonetheless affirmed the district court's denial of coverage based upon an exclusion. See Michigan Millers Mut. Ins. Co. v. DG&D Co., Inc., No. 08-2699, 2009 U.S. App. LEXIS 14236 (8th Cir. July 1, 2009).
The insured operated a cotton gin. After delivering 50,000…
Merger Activities Not Covered Under Real Estate Professional Services
By Tred R. Eyerly on
The scope of coverage for "real estate professional services" was at stake in St. Paul Fire and Marine Ins. Co. v. ERA Oxford Realty Co. Greystone, LLC., No. 07-00921-CV (11th Cir. June 23, 2009) [here].
The underlying suit alleged ERA employees approached two real estate brokers to discuss a merger. A verbal agreement was reached…
Additional Insured Entitled to Full Coverage
By Tred R. Eyerly on
The New York Court of Appeals considered whether a Landlord was an additional insured under a policy obtained by the Tenant. See Kassis v. The Ohio Casualty Ins. Co., No. 117 (N.Y. Ct. App. June 25, 2009).
The Landlord leased property to the insured, who, pursuant to the lease, obtained a commercial general liability insurance…
Coverage Found Under Unusual Flood Exclusion, Anti-Concurrent Causation Clause
By Tred R. Eyerly on
Two issues were presented in Stewart Enterprises, Inc. v. RSUI Indem. Co., Inc., 2009 U.S. Dist. LEXIS 50156 (E.D. La. June 15 2009). First, was the excess carrier's following form policy was bound by the primary carrier's exception to the flood exclusion? Second, was the primary policy's anti-concurrent causation clause applicable?
The insured owed various cemeteries, funeral…