After the insureds' home was damaged by Hurricane Wilma, they filed a claim for reimbursement. Sunshine paid the claim and closed the file. See Sunshine State Ins. Co. v. Corridori, No. 4D09-2502, 2010 Fla. App. LEXIS 915 (Fla. Dist. Ct. App.Feb. 3, 2010). Two years later, the insureds submitted a "supplemental" claim for damage discovered
February 2010
Additional Insured Survives Summary Judgment on Duty to Defend
By Tred R. Eyerly on
Does a policy's Blanket Additional Insured Endorsement bar primary coverage for an additional insured with a policy of its own? Although the court answered yes in Kummer Enter., Inc. v. HBE Corp., No. 1:09-cv-109, 2010 U.S. Dist. LEXIS 6403 (W.D. Mich. Jan. 27, 2010), it nevertheless determined the additional insured was entitled to a…
Insurer’s Delay Waives Right to Appraisal
By Tred R. Eyerly on
How long can an insurer wait after denying coverage before insisting upon an appraisal? In Sanchez v. Prop. and Cas. Ins. Co. of Hartford, No. H-09-1736, 2010 U.S. Dist. LEXIS 6295 (S.D. Tex. Jan. 27, 2010), waiting eleven months after a coverage dispute became clear waived the insurer's right to invoke an appraisal.
The insured's home was…
Neglience Claim Against Insurer For Failure to Recommend Coverage Survives Summary Judgment
By Tred R. Eyerly on
The insureds' negligence claim against the insurer for failing to recommend the purchase of business interruption insurance survived the insurer's motion for partial summary judgment in St. Augustine High School v. Underwriters at Lloyd's of London, No. WMN-08-CV-2518, 2010 U.S. Dist. LEXIS 6570 (D. Md. Jan. 27, 2010).
St. Joseph Society was…
Claims-Made Policies – Avoiding Minefields
By Tred R. Eyerly on
An informative teleconference on Claims-Made policies was recently hosted by Strafford. Here are some take-away points.
- Most claims-made policies require the insured to report an event that will likely give rise to a claim in the future. If the reported event eventually evolves into a claim, the insurer will treat the claim as if it were first made
…
Tucson ABA Insurance Conference Scheduled for Early March
By Tred R. Eyerly on
The ABA, Section of Litigation, Insurance Coverage Litigation Committee's annual insurance seminar will be held again this year in Tucson from March 4-6, 2010. As always, this year's conference will offer a number of informative, cutting edge sessions on a variety of insurance-related topics. Participants from across the country with varying perspectives on insurance coverage will attend. …
Absence of Property Damage Negates Defense of Suit Alleging Illegal Landfill
By Tred R. Eyerly on
The insureds' property was rented from the State of Hawai`i . See State Farm Fire and Cas. Ins. Co. v. Ramirez, No. 08-00557, 2010 U.S. Dist. LEXIS 5045 (D. Haw. Jan. 22, 2010). The insureds and the State were sued by neighbors for a dumpsite/landfill maintained on the property. The underlying complaint alleged the…
Underlying Case Stayed for Development of Facts
By Tred R. Eyerly on
This cases touches on both maritime law and insurance coverage. Therefore, the initial question was which office blog should do the post: our blog or hawaiioceanlaw.com, authored by Damon Key blogging colleague, Mark Murakami? Easily resolved: Mark found the case, but passed it on to us.
In Fireman's Fund Ins. Co. v. Sneed's Shipbuilding, Inc.…
Knowing Wrongful Act Exclusion Held Ambiguous
By Tred R. Eyerly on
A psychologist was entitled to coverage after the court determined the professional liability policy's Knowing Wrongful Act Exclusion was ambiguous. See Am. Home Assurance Co. v. Pope, No. 08-2848, 2010 U.S. App. LEXIS 516 (8th Cir. Jan. 11, 2010).
Sparing you of the tortuous procedural history (running on three tracks: arbitration; up and…