This post is a bit far-fetched for an insurance law blog, but reports a significant event in our office because the three Damon Key bloggers teamed up to file an amicus brief today in Stop the Beach Renourishment, Inc. v. Florida Dep't. of Environmental Protection, No. 08-11, cert. granted June 15, 2009, [brief here]
2009
No Occurrence Where Insured Has Knowledge of Defective Manufacturing Process
By Tred R. Eyerly on
Coverage for an underlying suit involving an alleged defective product was the issue in the detailed, narrative findings of fact and conclusions of law issued by the district court in National Union Fire Ins. Co. of Pittsburgh, Pa. v. Puget Plastics Corp., No. B-05-050, 2009 U.S. Dist. LEXIS 70723 (S.D. Tex. Aug. 12…
Exception to Insured Contract Does Not Apply in Construction Defect Case
By Tred R. Eyerly on
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…
Insurer’s Computer-Generated Summaries Admissible as Business Record
By Tred R. Eyerly on
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…
State of Insurance Industry in Hawai`i
By Tred R. Eyerly on
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…
Choses-In-Action Transferred to Successor Despite Anti-Assignment Provision
By Tred R. Eyerly on
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…
Notice Pursuant to Builder’s Risk Policy Adequate Even After Damage Discovered
By Tred R. Eyerly on
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.
Insured’s Complaint Against Agent Survives Motion to Dismiss
By Tred R. Eyerly on
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…
No Duty to Defend Registered Security Dealer Against Uncovered Claims
By Tred R. Eyerly on
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…
What if Mortgagor Fails to Pay Flood Insurance Premiums?
By Tred R. Eyerly on
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…