A commentary on insurance coverage issues in Hawaii and beyond
The California Supreme Court considered whether coverage could be denied to innocent insureds whose home was damaged when their son, a co-insured, intentionally set fire to the home. See Century-National Insurance Co. v. Garcia, 2011 Cal LEXIS 1392 (Cal. Feb. 17, 2011).
After the insureds, husband and wife, suffered substantial damage to…
Is the insured entitled to coverage if it substantially complies with a policy's pilot warranty requiring completion of ground and flight courses? The Ninth Circuit, applying California law, answered no in Trishan Air, Inc. v. Federal Ins. Co., 2011 U.S. App. LEXIS 3003 (9th Cir. Feb. 16, 2011).
Trishan Air, Inc. purchased an…
The claimant's request to modify her permanent partial disability award under the Longshore Harbor and Worker's Compensation Act (LHWCA) was ruled untimely since she waited several years after her initial compensation award. See Wheeler v. Newprot News Shipbuilding and Dry Dock Co., 2011 U.S. App. LEXIS 2889 (4th Cir. Feb. 15, 2011).
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Whether coverage existed for property damage occurring after the subcontract finished its work on the project was the issue presented in United Fire & Cas. Co. v. Boulder Plaza Residential, LLC, 2011 U.S. App. LEXIS 1694 (Jan. 27, 2011).
Boulder Plaza Residential, LLC ("BPR"), a real estate developer, and McCrery & Roberts Construction…
In October, we reported here that the Intermediate Court of Appeals affirmed the cancellation of a policy based on the insured's misrepresentation of the type of vehicle being insured. The Hawaii Supreme Court recently affirmed the ICA's decision. See Farmer v. Pacific Speciality Ins. Co., 2011 Haw. LEXIS 28 (Haw. Feb. 7, 2011).
Farmer…
Today, we link to a guest post from DoorFly.com addressing the need for title insurance. The link to the full post is http://blog.doorfly.com/articles/2011/what-is-title-insurance-and-why-do-we-need-it/. [post here].
By way of introduction, the post explains:
If you’ve ever bought a home or a piece of real estate, you have probably heard the term title insurance
…
Whether the insurer was obligated to indemnify its insured for potential liability under a contractual indemnity provision was at issue in Farmers Ins. Exchange v. RNK, Inc., 2011 U.S. App. LEXIS 1255 (1st Cir. Jan. 21, 2011).
RNK, a telephone company, and Ripple, a company providing conference services including chat lines, entered…
This past Friday, Judge Richard R. Clifton of the U.S. Ninth Circuit Court of Appeals gave an informative and entertaining presentation to the Litigation section of the Hawaii State Bar Association. The title of the presentation was, “Practice Pointers for Appeals: Procedure, Briefing and Oral Argument.”
Judge Clifton started with some personal background. …
This year’s annual ABA, Section of Litigation, Insurance Coverage Litigation Committee CLE Seminar will be held in Tucson on March 3-5, 2011. The conference will offer a number of timely, comprehensive sessions on such insurance-related issues as coverage for natural and not-so-natural disasters, litigation over construction claims, emerging issues in the health care industry…
This post from today's BusinessInsurance.com addresses legislation introduced in South Carolina seeking to extend coverage for construction defects under CGL policies. We posted on a similar effort underway in Hawaii to expand coverage for construction defects under SB1194.
Similar to Hawaii's effort through SB1194 to correct the Intermediate Court of Appeal's decision in…
