In Del Monte Fresh Produce (Haw.), Inc. v. Fireman's Fund Ins. Co., 183 P.3d 734, 745 (Haw. 2007), the Hawaii Supreme Court held that recognizing the assignment of an insurance policy by operation of law to a party acquiring liabilities through contract was inconsistent with Hawaii law. Citing Del Monte, the Fifth Circuit
December 2010
Excess Policy Incorporates Anti-Concurrent Causation Clause, Eliminating Coverage
By Tred R. Eyerly on
The Fifth Circuit considered whether the second-layer excess policy incorporated the anti-concurrent causation clause and water exclusion from the primary policy. See ARM Properties Management Group v. RSUI Indemn. Co., 2010 U.S. App. LEXIS 23174 (5th Cir. Nov. 5, 2010).
ARM purchased property insurance for hundreds of apartment complexes. By grouping separate…
Fees Not Available Under Hawaii’s Assumpsit Statute for Declaratory Judgment Actions
By Tred R. Eyerly on
The Hawaii Intermediate Court of Appeals overturned an award of attorney fees in a declaratory relief action filed by the insurer. See Allstate Ins. Co. v. Silva, 2010 Haw. App. LEXIS 806 (Haw. Ct. App. Dec. 9, 2010).
Silva was injured on his motorcycle when struck by an auto driven by Ponce. …
Bloggers’ Article on “Judicial Takings” Case Published
By Tred R. Eyerly on
The Vermont Law Review has published an article authored by Damon Key bloggers, Robert Thomas, Mark Murakami and me on the Supreme Court's "judicial takings" case from last term. See Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches, 35 Vt. L. Rev. 437 (2010).
Our article discusses the…
Collapse of Structure Covered as Ensuing Loss
By Tred R. Eyerly on
The insureds extensively remodeled their home and installed decks from 1995 to 1996. See Sprague v. Safeco Ins. Co. of Am., 2010 Wash. App. Ct. LEXIS 2419 (Wash. Ct. App., Nov. 1, 2001). The decks were supported by "fin walls." In May 2008, the insureds discovered decay in the fin walls and filed…
Agent’s Alleged Negligence In Discouraging Need For Flood Insurance Presents Factual Issue
By Tred R. Eyerly on
When the insureds purchased their home along the Mississippi Gulf coast, they discussed obtaining property insurance with Richard Schmidt, a Nationwide insurance salesman employed by Felsher Insurance Agency. See Mladineo v. Schmidt, 2010 Miss. LEXIS 569 (Miss. Oct. 28, 2010). The insureds' complaint alleged they told Schmidt they desired a policy with full…
Water Damage Occurring Simultaneously With Excluded Peril Is Not Ensuing Loss
By Tred R. Eyerly on
The insured's claim for business interruption losses resulting from the city's vacate order was not covered as an ensuing loss in Rapid Park Indus. v. Great N. Ins. Co., 2010 U.S. Dist. LEXIS 115747 (S.D.N.Y. Oct. 15, 2010).
The insured leased a parking garage. Great Northern insured the premises under a business owners' policy. The policy…
Excluded Loss Does Not Constitute Resulting Loss
By Tred R. Eyerly on
The collapse of shoring equipment raised the issue of whether loss of the concrete slab it supported was covered as a resulting loss. The court answered no in Vision One, LLC v. Philadelphia Indemn. Ins. Co., 2010 Wash. App. LEXIS 2322 (Wash. Ct. App. Oct. 19, 2010).
A structural engineer examined the…
We Make Three Years
By Tred R. Eyerly on
We survived another year. We've reached the three year anniversary of insurancelawhawaii.com. We appreciate the increasing number of visits to our site and the various comments being submitted.
No doubt, blogging is a time-consuming venture, as we seek to maintain content that is fresh and updated. Blogging is not a bad learning tool, however, as we attempt to keep abreast of insurance issues…
Loss Resulting From Excluded Cause Is Not Ensuing Loss
By Tred R. Eyerly on
Preparing for a presentation at the March 2011 ABA, Insurance Coverage Litigation Committee's seminar, my Lexis search function is set to find cases on ensuing loss. One such find was TMW Enter., Inc. v. Federal Ins. Co., 619 F.3d 574 (6th Cir. 2010).
TMW purchased a recently constructed condominium and retail building. TMW…