2010

   In Tiara Condominium Assoc., Inc. v. Marsh & McLennan Co., Inc., 2010 U.S. App. LEXIS 10835 (5th Cir. May 27, 2010), it was unclear whether, under Florida law, the economic loss rule foreclosed claims for negligence and breach of fiduciary duty against the insurance broker.  Accordingly, the Fifth Circuit certified the question to the Florida…

   Today's guest post is authored by Juanita Martinez, a financial writer offering solutions on insurance related matters.  Based in Idaho, Juanita has been associated with the AmPmInsure Community since 2007.  AmPmInsure (http://www.ampminsure.org/) is an online forum community where industry professionals provide insurance based solutions.  With the onset of hurricane season, Juanita's post on

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   Relying on well established Hawaii case law that the insurer must defend unless the underlying allegations demonstrate coverage is impossible, the Hawaii Intermediate Court of Appeals vacated the Circuit Court's order granting summary judgment to the insurer.  See Island Ins. Co., Ltd. v. Arakaki, 2010 Haw. App. LEXIS 296 (Haw. Ct. App. June 16, 2010).

   The Supreme Court issued its opinion this morning in Stop the Beach Renourishment v. Florida Department of Environmental Protection.  The Court decided eight to zero that the Florida Supreme Court did not effect a judicial taking because the Florida law of accretion took into account that the littoral owners right to accretion was always…

   The Hawai`i Supreme Court seeks comments regarding proposed changes to the Hawai`i Rules of Appellate Procedure. [revised rules here].  The major change would allow electronic filing. 

   The Court invites public comment on the changes until Thursday, June 24, 2010.  Comments may be mailed to the Judiciary Public Affairs Office at 417 South King Street…

   A broadly drafted professional services exclusion was at issue in Admiral Ins. Co. v. Ford, 2010 U.S. App. LEXIS 10562 (5th Cir. May 21, 2010). 

   Ford purchased a CGL policy from Admiral.  The policy included an exclusion for designated professional services, stating:

   SCHEDULE

Description of Professional Services:

1.  ALL OPERATIONS OF THE INSURED

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   Can an insurer remove the insured's state court suit based on supplemental jurisdiction arising under a homeowner's policy when the insured has also sued a separate insurer in federal court under a flood policy?  The Fifth Circuit held where the federal court lacked original jurisdiction, removal was improper.  See Halmekangas v. State Farm Fire and Cas. Co., 603 F.3d…