A commentary on insurance coverage issues in Hawaii and beyond
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…
An exclusion under a CGL policy for bodily injury arising out of automobile accidents prevented coverage when an employee was at fault. See Sprinkles v. Assoc. Indemn. Corp., 2010 Cal. App. LEXIS 1532 (Cal. Ct. App. Sept. 1, 2010).
Bibinz, an employee of Sinco, caused the accident, killing the deceased. The deceased's family…
An exclusion for claims arising from roofing barred coverage when the underlying plaintiff was injured after falling from a scaffold. See Penn-America Ins. Co. v. Lavigne, 2010 U.S. App. LEXIS 17675 (1st Cir. Aug. 24, 2010).
Michael Daigle was hired to put a new roof on an apartment building and to seal some…
The insured had a commercial property policy with Lexington. Coverage included $25 million in losses for business interruption. See Consolidated Co. Inc. v. Lexington Ins. Co., 2010 U.S. App. LEXIS 17146 (5th Cir. Aug. 17, 2010).
Hurricane Katrina damaged the insured's property and equipment. The insured was able, however, to resume partial operations ten days…
