The ABA, Section of Litigation, Insurance Coverage Litigation Committee, will be conducting its annual insurance seminar in Tucson, Arizona on March 4-7, 2009. This very informative, cutting edge seminar covers a number of insurance related topics. The brochure and agenda are attached here. I will be participating on a panel entitled, "Transfer of Coverage Under the
Wisconsin Supreme Court Determines Each Exposure to Asbestos is an Occurrence
If the manufacturer sells its asbestos-containing product without a warning, does this constitute one occurrence? Or is each individual's exposure to asbestos, which results in injury, a single occurrence? These were among the issues before the Wisconsin Supreme Court when faced with certified questions from the Seventh Circuit. See Plastics Engineering Co. v. Liberty Mutual Ins. Co., No. 2008AP333-CQ (Wis. Jan. 29
Damages For Mental Anguish Awardable for Delay in Adjusting Katrina Claim
In a recent post, we discussed Dickerson v. Lexington Ins. Co., 2008 U.S. App. LEXIS 26504 (5th Cir. Dec. 22, 2008) where the Fifth Circuit determined damages for mental anguish were properly granted based on the insurer's bad faith delay in paying a claim after Hurricane Katrina. Dickerson controlled a subsequent decision by
Ninth Circuit Again Considers Impact of Notice on Cancellation of Policy
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
We’re At Alltop
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.
Thanks to Alltop for including our blog.
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