Our article, entitled “Getting Around LHWCA’s Exclusive Remedy Roadblock – Employee’s Claims Against Employer and Insurer for Intentional Torts,” has been published by Coverage, a periodical circulated to members of the ABA’s Section of Litigation, Insurance Coverage Litigation Committee. My Damon Key blogging colleague, Mark Murakami (hawaiioceanlaw.com), and I teamed to author the article
August 2010
Motor Vechile Exclusion Bars Coverage Under Homeowner’s Policy
By Tred R. Eyerly on
While operating heavy construction equipment, the insured's nine-year old son injured a worker. The court considered whether the insurer had to defend and indemnify under a motor vehicle exclusion in the insured's homeowner's policy. See Rhoades v. Massachusetts Prop. Ins. Underwriting Assoc., 2010 U.S. Dist. LEXIS 69870 (D. Mass. July 13, 2010).
The…
Jury Instructions for Anti-Concurrent Causation Clause Considered
By Tred R. Eyerly on
In a case involving destruction of a mobile home by Hurricane Ivan, the Florida Court of Appeal addressed proper jury instructions regarding the burden of proof under an anti-concurrent causation clause. Citizens Prop. Ins. Corp. v. Hamilton, 2010 Fla. App. LEXIS 9885 (Fla. Ct. App. July 7, 2010).
The insureds had both a…