A commentary on insurance coverage issues in Hawaii and beyond
In Century Surety Co. v. Hardscape Construction Specialties Inc., No. 06-10930 (5th Cir. Aug. 7, 2009) [here], the court considered whether the exclusion for assumed liability under a contract was applicable.
Hardscape contracted to construct a swimming pool facility for Hillwood Residential Services, L.P. Hardscape agreed to indemnify and hold…
The Ninth Circuit held an insurer's computer-generated summaries of payments were admissible as a business record in U-Haul International v. Lumbermens Mutual Cas. Co., No. 07-16187, 2009 U.S. App. LEXIS 17889 (9th Cir. Aug. 12, 2009).
U-Haul had a primary policy with Republic Western up to a total limit of $7,000,000 per occurrence in…
I was flying home from the mainland Monday and missed this article by Hawai`i Insurance Commissioner J. P. Schmidt in yesterday's Island Voices section of the Honolulu Advertiser. Commissioner Schmidt states much of what he shared with the Insurance Practice Group of the Hawai`i Bar Association in July [see post here]. According…
In Pilkington N.A. Inc. v. Travelers Cas. & Sur. Co., No. 3:01CV7617, 2009 U.S. Dist. LEXIS 67291 July 27, 2009), the District Court determined there was coverage for a corporate successor under the predecessor's CGL policy after an asset transfer. We previously reviewed here various cases addressing the impact of the anti-assignment provision in CGL…
Whether the contractor gave timely notice of loss to the carrier was the issue before the Eighth Circuit in The Weitz Co., LLC v. Lloyd's of London, No. 08-2835, 2009 U.S. App. LEXIS 17222 (8th Cir. Aug. 4, 2009) [here].
In January 2001, H. Group hired Weitz as general contractor to build a luxury retirement community. H.
Plaintiffs thought their agent, Scott Management Team, had secured flood insurance under their Allstate policy. See Demouy v. Allstate Ins. Co., No. 06-9629, 2009 U.S. Dist. LEXIS 66254 (E.D. La., July 20, 2009). After Hurricane Katrina struck plaintiffs' home, Allstate denied coverage because plaintiffs did not have a flood insurance policy.
Plaintiffs sued Allstate…
Plaintiff was a registered representative with Legacy Financial Services. See Ganim v. Columbia Casualty Co., No. 08-3945, 2009 U.S. App. LEXIS 16174 (6th Cir. July 23, 2009)[here]. Columbia insured Legacy and agreed to defend Legacy's registered representatives for negligence in "rendering or failure to render Professional Services." Coverage was limited to "investment advisory…
If you assume your mortgage company will pay your flood insurance premiums, is the mortgage company liable for damage to property after failing to pay such premiums? In Burks v. Prudential Ins. Co. of North Am., 2009 U.S. Dist. LEXIS 65451 (E.D. La. July 29, 2009), the court answered "no."
Burks purchased her property in June…
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Whether the insured was acting within the course and scope of his employment contract was at issue when the Eighth Circuit Circuit reversed the District Court's determination of no workers' compensation coverage in Merriam v. National Union Fire Ins. Co. of Pittsburgh, Pennsylvania, No. 08-3547, 2009 U.S. App. LEXIS 15698 (8th Cir. July 17, 2009).
