2011

   In Group Builders, Inc. v. Admiral Ins. Co., 123 Haw. 142, 231 P.3d 67 (Haw. Ct. App. 2010) [decision here], the Hawaii Intermediate Court of Appeals determined that construction defects did not arise from an occurrence and therefore were not covered under a CGL policy.  [See our Group Builders’ post here].  Bills were recently…

   The plaintiff was a developer of a subdivision.  See Standard Pacific of the Carolinas, LLC v. Amerisure Ins. Co., 2011 U.S. Dist. LEXIS 963 (D. S.C. Jan. 5, 2011).  Pursuant to a contract, it hired Matthews Construction as general contractor to build the subdivision.  Matthews agreed to providea general liability policy from Amerisure naming…

   Following recent Fifth Circuit precedent, the federal district court ruled that the assignment made after the loss without the insurers consent was invalid.  See Nautilus Ins. Co. v. Concierge Care Nursing Centers, Inc., 2010 U.S. Dist. LEXIS 136842 (S. D. Tex. Dec 28, 2010).

   In 1999, Brae Burn Construction Company Inc. entered into…

   In a prior post, we noted the Indiana Supreme Court held that the CGL policy covers damage to a home structure resulting from shoddy subcontractor work unless the subcontractor work was intentionally faulty.  See Sheehan Constr. Co. v. Cont'l Cas. Co., 935 N.E. 2d 160 (Ind. 2010).  In a subsequent construction defect…

   Where the insured faces environmental suits in several states, should the law governing the liability policy be "site-specific," meaning the law of each state in which allegations of injury or property damage arise governs the policy's interpretation, or "uniform," whereby a single state's law governs?  In Nat'l Union Fire Ins. Co. of Pittsburgh, Pa. v. Standard Fusee Corp…

   In this multi-district litigation, the court considered the insurers' motions to dismiss plaintiffs' suits for alleged property damage caused by Chinese drywall.  In Re: Chinese Manufacture Drywall Products Liability Litigation, 2010 U.S. Dist. LEXIS 133497 (E.D. La. Dec. 16, 2010).  After determining there was coverage, the court considered several exclusions and the ensuing loss provisions…

   United States Supreme Court Justice Samuel Alito will participate in the University of Hawaii law school's Jurists-in-Residence Program the week of January 24, 2011.  In honor Justice Alito's visit, we offer a sampling of insurance coverage decisions he has authored. 

   We did not locate any insurance coverage opinions Justice Alito has written while serving…

   If an indemnity agreement is never triggered, is the agreement still an "insured contract" under a CGL policy?  The court in Cheramie v. ERA Helicopters, LLC, 2010 U.S.Dist. LEXIS 128611 (E.D. La. Dec. 3, 2010) answered yes.

   Dodi Cheramie, an employee of Professional Cleaning Maintenance Services, LLC ("PCMS"), sued ERA when she…

   The Archdiocese sought coverage under its CGL policy for allegations of sexual abuse committed by its former priests.  Because the underlying complaints alleged volitional acts rather than accidental occurrences, the court determined there was no coverage.  See Doe v. Archdiocese of Milwaukee, 2010 WISC. App. LEXIS 954 (Wis. Ct. App. Nov. 23, 2010).…