November 2010

   Are construction defects that allegedly result in water intrusion and property damage over several policy periods the result of one occurrence or multiple occurrences?  This was the issue under consideration in Bayley Constr. v. Am Guar. and Liab. Ins. Co., 2010 U.S. Dist. LEXIS 110767 (W.D. Wash. Oct. 15, 2010).

   Bayley Construction…

    If the insured's two carriers both have "other insurance" provisions, which policy is primary and which is excess.  The federal district court sorted through this issue in Nautilus Ins. Co. v. Lexington Ins. Co., 2010 U.S. Dist. LEXIS 120883 (D. Haw. Nov. 15, 2010).

    In July 2007, Kila Kila Builders, a subcontractor, and VP&PK…

   After settling a shareholder class action, Genzyme Corporation was denied coverage for its payment under its corporate and director and officer liability policy with Federal Insurance Company.  Genzyme Corp. v. Federal Ins. Co., 2010 U.S. App. LEXIS 21079 (1st Cir. Oct. 13, 2010).  The district court held Genzyme's loss was not insurable as…

    The Ninth Circuit ruled that the insurer providing a defense in a trademark infringement case was entitled to equitable contribution from another insurer that improperly refused to defend.  See  Hudson Ins. v. Colony Ins., No. 09-55275 (9th Cir. Nov. 5, 2010)[here].

   In the underlying suit, NFL Properties LLC accused All Authentic Corporation of…

   Thanks to the Health Express, a blog addressing health and medical information, for informing us we are among the Top 50 Health Insurance Blogs [post here].  The Health Express post states, "Hawaiian clients benefit from the expertise and diverse backgrounds of this Damon Key Leong Kupchak Hastert blog."

    Thanks for the notice and

   An upcoming article in the Pace Law Review will address the use of social networking in insurance and worker's compensation litigation.  The abstract and draft article are here.  The article addresses the intersection of professional responsibility, discovery, privacy, and evidence with social networking in state workers’ compensation systems.

   Thanks to the authors…

   A thoughtful opinion concerning the allocation of indemnity obligations between an insurance company and a policyholder was rendered in Peabody Essex Museum, Inc. v. United States Fire Ins. Co., 2010 U.S. Dist. LEXIS 106275 (D. Mass. Sept. 30, 2010).

   At some point over the last several decades, an oil tank on the…