A commentary on insurance coverage issues in Hawaii and beyond
In Bradley v. Allstate Ins. Co., 2010 U.S. App. LEXIS 9510 (5th Cir. May 10, 2010), the policy's total loss provision was found ambiguous. The case was remanded a factual determination on the amount to which the insureds were entitled for loss of their home.
Hurricane Katrina totally destroyed the insureds' home, leaving only a…
Utilizing a novel argument, the insured contended it had no duty to defend the additional insured until there was a finding of fault against the named insured. The court rejected this argument in 373 Wythe Realty, Inc. v. Indian Harbor Ins. Co., 2010 U.S. Dist. LEXIS 45947 (E.D. N.Y. May 11, 2010).
Wythe…
Competing motions for summary judgment regarding the duty to defend an additional insured were both denied by the court in Detroit Public Schools Program Mgt. Team, LLC v. Valley Forge Ins. Co, 2010 U.S. Dist. LEXIS 40904 (E.D. Mich. April 27, 2010).
The Detroit Public Schools Program Management Team was organized to act as an…
Lloyd’s, along with other excess insurers, recently filed suit against BP, seeking a declaration that there is no obligation to cover BP as an additional insured in policies issued to Transocean Ltd. Certain Underwriters at Lloyd’s London v. BP P.L.C., No. 4:10-cv-01823 (S.D. Tex. filed May 21, 2010) (See Complaint).
Transocean owns the…
