Damon Key construction lawyers Ken Kupchak, Anna Oshiro, Michael Yoshida, Christi-Anne Kudo Chock, and yours trulyteamed together to draft the Hawai'i chapter of the ABA's recently published, "A State-by-State Guide to Construction & Design Law" (2nd ed.). The treatise, first published in 1998, serves as a practical guide for
January 2010
Insurer’s Reliance on Mistake to Deny Coverage May be Bad Faith
By Tred R. Eyerly on
Is an insurer exposed to bad faith if it relies upon its own mistake to withhold payment under the policy? The court answered yes in Lundy Enterprises, LLC v. Wausau Underwriters Ins. Co., No. 06-3509, 2009 U.S. Dist. LEXIS 121295 (E.D. La. Dec. 30, 2009).
Wausau provided commercial property coverage for the insured's…
Intra-Family Transfer of Vehicle Does Not Void Auto Policy
By Tred R. Eyerly on
Coverage for the auto policy holder's daughter was at stake in Morrison v. Secura Ins., No. 286936, 2009 Mich. App. LEXIS 2694 (Mich. Ct. App. Dec. 29, 2009).
In April 2006, the insured's daughter struck plaintiffs' motorcycle with her Chevrolet Cavalier, causing serious injury to the plaintiffs. The auto policy listed the mother…
Policy’s Failure to Define “Additional Insured” Leads to Expansive Definition
By Tred R. Eyerly on
Although the excess insurer sought a narrow reading of "additional insured," the policy's failure to define the coverage allowed a broad reading of the term in Kerrigan v. RM Associates, Inc., No. 100316/08, 2009 N.Y. App. Div. LEXIS 9517 (N.Y. App. Civ. Dec. 29, 2009).
The decedent was killed in a construction accident. …
Insurer’s Summary Judgment Motion Denied Where Property’s Value at Issue
By Tred R. Eyerly on
The insured's home was extensively damaged by wind and rain resulting from Hurricane Katrina. See Belonga v. Auto Club Family Ins. Co., No. 09-476, 2009 U.S. Dist. LEXIS 118643 (E.D. La. Dec. 21, 2009). When purchased in 2003, the home was appraised at $114,000. An adjuster addressing the insured's flood claim reported, however, the home had…
Subsidence Exclusion Bars Coverage For Landslide Damage
By Tred R. Eyerly on
The applicability of a policy's land subsidence exclusion was considered by the court in City of Carlsbad v. Insurance Co. of the State of Pennsylvania, No. D053843, 2009 Cal. App. LEXIS 2025 (Cal. Ct. App. Dec. 17, 2009).
The insured City of Carlsbad negligently maintained and repaired a fire hydrant and water line…
Insurer May Have Duty to Indemnify Even Where No Duty to Defend
By Tred R. Eyerly on
The Texas Supreme Court recently held that an insurer may have a duty to indemnify even if the duty to defend never arises. See D.R. Horton-Texas, Ltd. v. Markel Int'l Ins. Co, Ltd., No. 06-1018, 2009 Tex. LEXIS 1042 (Tex. Dec. 11, 2009).
The homeowners purchased their house from D.R. Horton. After moving…