A commentary on insurance coverage issues in Hawaii and beyond
The insurers' resistance to discovery requests was before the court in Cummins, Inc. v. Ace Am. Ins. Co., et al., 2011 U.S.Dist. LEXIS 46984 (D. Ind. May 2, 2011).
The factual background involved coverage Cummins sought for severe flood damage at its main corporate campus. The insurers had paid over $91 million…
Overruling its prior decision, the Texas Supreme Court held that newly enacted legislation did not waive governmental immunity for suits based on a political subdivision's alleged retaliation against an employee filing a workers compensation claim. See Travis Century Appraisal Dist. v. Norman, 2011 Tex. LEXIS 324 (Tex. April 29, 2011).
Ms. Norman started work for…
On May 17, 2011, South Carolina passed legislation to combat the restrictive interpretation of what constitutes an "occurrence" under CGL policies. S.C. Code Ann. sec. 38-61-70.
The legislation reversed a decision by the state's Supreme Court issued earlier this year. See Crossman Communities of North Carolina, Inc. v. Harleysville Mut. Ins. Co., 2011 W.L.
Determining that the trial court erred in finding no coverage whenthe assignee of a policy neglected to offer proof of the assignment, the Florida Court of Appeal reversed in Cent. Square Tarragon LLC v. Great Divide Ins. Co., 2011 Fla. App. LEXIS 5963 (Fla. Ct. App. april 27, 2011).
The named insured sold…
The insured employer adequately pled its claims against the California State Compensation Insurance Fund (SCIF), allowing it to survive a demurrer. Edward Carey Constr. Co. v. State Compensation Insurance Fund, 2011 Cal. App. LEXIS 457 (Cal. Ct. App. March 25, 2011, certified for publication April 20, 2011).
Edward Carey Construction Co. (CCC) had…
The recently adjourned, 2011 session of the Hawaii Legislature passed several insurance-related bills to send to the Governor's desk. The bills are summarized below.
HB 519– Workers' Compensation
This measure excludes services performed by an individual who is a member of a limited liability company, a partner of a limited liability partnership who has…
The importance of careful preparation and documentation was the take away lesson in a Texas bad faith case, C.K. Lee v. Catlin Specialty Ins. Co., 2011 U.S. Dist. LEXIS 19145 (S.D. Tex. Feb. 28, 2011).
C.K. Lee owned a commercial shopping center in Houston. Catlin issued a commercial property policy to Lee. …
Failing to understand the relationship between himself, his mortgage company, and his insurer, the plaintiff was left without coverage for damage caused by Hurricane Katrina. Dace v. Novastar Mortgage Inc., 2011 La. App. Unpub. LEXIS 233 (La. Ct. App. April 13, 2011).
Novastar held the mortgage on the plaintiff's property in New Orleans. There were…
We reported here that the Hawaii Supreme Court granted certiorari in Kim v. Liberty Mutual Fire Ins. Co. The Supreme Court has now granted certioari in a companion case, Ahn v. Liberty Mutual Fire Ins. Co.
As in Kim, the issue in Ahn is whether Haw. Rev. Stat. 431:10C-308.5(e) overruled…
If the insurer notifies the insured it intends to settle a claim, but will then seek reimbursement if the claim is not covered, can the insured avoid having to reimburse the insurer? The California Court of Appeal answered no in Am. Modern Home Ins. Co. v. Fahmian, 2011 Cal. App. LEXIS 420 (Cal.
