A commentary on insurance coverage issues in Hawaii and beyond
The insurer's motion for summary judgment, seeking to deny coverage for an additional insured, was rejected in York Hunter Constr. Serv., Inc. v. Great Am. Custom Ins. Serv., Inc., 2010 N.Y. Misc. LEXIS 4513 (N.Y. Sup. Ct. Sept. 17, 2010).
A plumber was injured on the job site when his foot got…
The Indiana Supreme Court has now weighed in on liability coverage for construction defects and has decided faulty workmanship with unforeseen consequences is an occurrence. See Sheehan Construc. Co. Inc. v. Continental Cas. Co., 2010 Ind. LEXIS 557 (Ind. Sept. 30, 2010).
Sheehan was the general contractor for construction of homes in a residential subdivision…
Today's post departs slightly from insurance coverage matters, but is related to a prior post discussing the pursuit of intentional torts against insurers administering claims under the Longshore Harbor and Workers Compensation Act ("LHWCA"). The prior post described an article authored by my blogging colleague, Mark Murakami (hawaiioceanlaw.com), and me, noting that an exclusive remedy…
A prior post [here] discussed the Fifth Circuit's grappling with the proper measurement for covering loss of a home due to Hurricane Katrina. On rehearing, the Fifth Circuit altered its prior determination that the policy's loss provision was ambiguous. See Bradley v. Allstate Ins. Co., 2010 U.S. App. LEXIS 19476 (5th Cir. Sept.
The American Samoa Power Authority (ASPA) recently filed suit against Lloyd’s and HCC International Insurance Company for failure to provide coverage for property loss caused by the earthquakes and tsunamis that struck the area in September 2009. See Am. Samoa Power Authority v. Certain Underwriters at Lloyd’s London, et al., Civil No. 10-00546 ACK-KSC…
The insurer's cancellation of a policy based upon a misrepresentation of the vehicle being covered was deemed justified by the Hawaii Intermediate Court of Appeal in Farmer v. Pacific Specialty Ins. Co., 2010 Haw. App. LEXIS 525 (Haw. Ct. App., Sept. 30, 2010).
The insured purchased a policy for a used motorcycle…
After flood coverage was denied, the insured sued under state law theories. See Worthen v. Galveston Ins. Associates, 2010 U.S. Dist. LEXIS 94925 (S.D. Tex. Sept. 13, 2010). The district court dismissed the state law claims on preemption grounds.
The insured purchased a flood policy on August 10, 2007 for his home…
Can an insured settle a disputed claim with its first party insurer and then sue the insurer for allegedly fraudulently inducing a settlement of the claim for less than it is worth? The California Supreme Court answered no in Village Northridge Homeowners Assoc. v. State Farm Fire and Cas. Co., 2010 Cal. LEXIS…
