A commentary on insurance coverage issues in Hawaii and beyond
Although the court determined there was an occurrence, coverage was excluded by the business risk exclusions. See Cont'l W. Ins. Co. v. Shay Constr. Co., 2011 U.S. Dist. LEXIS 82839 (D. Colo. July 28, 2011).
White was the general contractor on the project. White had three subcontracts with Shay to provide framing, siding, and…
Congratulations to my Damon Key blogging colleague, Rebecca Copeland, who has successfully steered the formation of an Appellate Section of the Hawaii State Bar Association. The HSBA Board approved the new section yesterday. Read more on Rebecca's blog, www.recordonappeal.com.
Wright-Ryan was hired as the general contractor to construct a building at the University of Southern Maine. Wright-Ryan Constr., Inc. v. AIG Ins. Co. of Canada, 2011 U.S. App. LEXIS 15502 (1st Cir. July 27, 2010). Wright-Ryan subcontracted with Norgate Metal, Inc. for the fabrication and erection of structural steel for the project. Norgate…
A policy's "other insurance" clause and a contractual indemnity provision were at the root for determining which of two insurers had to cover for injuries at a construction site. Valley Forge Ins. Co. v. Zurich Am. Ins. Co., 2011 U.S.Dist. LEXIS 76061 (N.D. Calif. July 14, 2011).
Hathaway was the general contractor at a demolition…
Thanks to all who attended yesterday’s seminar on Insurance Bad Faith Claims in Waikiki, hosted by Sterling Education Services. We had an astute, engaged audience, which made the event a success.
Attached is the Bad Faith Power Point for my topics, Development of the Tort of Bad Faith and Elements of a…
The insurer had no duty to defend when the insured struck a friend while engaged in horseplay. State Farm General Ins. Co. v. Frake, 2011 Cal. App. LEXIS 911 (Cal. Ct. App., certified for publication July 13, 2011).
The insured, Frake, struck his friend, King, in the groin. King filed suit, alleging negligence and assault…
Coverage was denied under the policy's condominium exclusion in California Traditions, Inc. v. Claremont Liability Ins. Co., 2011 Cal. App. LEXIS 912 (Cal. Ct. App., ordered published July 11, 2011).
California Traditions was the developer and general contractor for a housing development. California Traditions subcontracted with Ja-Con to perform the rough framing work for 30 residential…
Coverage for damage caused by the installation of Chinese drywall was the issue in Dragas Mgt. Corp. v. Hanover Ins. Co., 2011 U.S. Dist. LEXIS 80178 (E.D. Va. July 21, 2011).
Dragas built housing developments. Dragas hired Porter-Blaine Corp. to supply and install drywall for the homes in two of its developments.
After the trial court determined the insurers had no coverage obligations for alleged construction defects, a ruling that was subsequently reversed, it was still possible to demonstrate the insurers acted in bad faith. See Lennar Corp. v. Transamerica Ins. Co., 2011 Ariz. App. LEXIS 123 (Ariz. Ct. App. July 5, 2011).
Lennar oversaw…
“Insurance Bad Faith Claims” will be the title of the seminar at which I will be a co-presenter on August 18, 2011. The seminar is hosted by Sterling Education Services. My topics will be: (1) the development of the tort of bad faith; and (2) the elements of a bad faith case.
Registration…
