The shopping mall owner, Bender Square Partners, sought to recover from the insurer for losses resulting from Hurricane Ike to property it had leased to PNS Stores, Inc. Bender Square Partners v. Factory Mut. Ins. Co., 2012 U.S. Dist. LEXIS 8095 (S.D. Texas Jan. 24, 2012). It turned out Bender was not an
February 2012
Ohio Court Finds No Coverage for Construction Defect Claims
By Tred R. Eyerly on
Charles and Valerie Myers hired Perry Miller to build their home. Myers v. United Ohio Ins. Co., 2012 Ohio App. LEXIS 287 (Ohio Ct. App. Jan. 26, 2012). After completion of the home, Miller was again hired to construct an addition which included a full basement, staircases, bathroom, bedroom, hallway and garage.
After the…
Insurer’s Motion for Summary Judgment on Bad Faith Issue Fails
By Tred R. Eyerly on
In a brief decision, the federal district court denied the insurer's motion for summary judgment on the insured's bad faith claims. Gulf Prod. Co. Inc. v. Hoover Oilfield Supply, Inc., 2012 U.S. Dist. LEXIS 3390 (E.D. La. Jan. 11, 2012).
The insured was sued for a defective flowline that allegedly splayed when pressure tested below…
Several Insurance Related Bills Pending Before Hawaii Legislature
By Tred R. Eyerly on
Through the efforts of Mihoko Ito, Esq. and Gary Slovin, Esq., the Hawaii State Bar Association is tracking variouscategories of legislation during the current session. Based upon Mihoko and Gary's efforts, below is a summary of the insurance related bills the legislature is considering.
HB 1688– The bill increases the…
Hawaii Circuit Court Rules In Favor of Insureds in Construction Defect Case
By Tred R. Eyerly on
See the post here by Anna Oshiro, my Damon Key blogging colleague, on a significant ruling that the insurers must defend in a construction defect case. As Anna reports, Judge Patrick Border has issued a minute order in Coastal Constr. Co., Inc. v. N. Am. Specialty Ins. Co., Civil No. 11-1-0417-03, Circuit Court, First Circuit…
See You In Tucson for ABA Insurance Conference
By Tred R. Eyerly on
The ABA, Section of Litigation, Insurance Coverage Litigation Committee's annual insurance seminar will be held again this year in Tucson from March 1-3, 2012. As always, this year's conference will offer a number of informative, cutting edge sessions on a variety of insurance-related topics. Participants from across the country with varying perspectives on insurance coverage will attend. …
Hawaii ICA Affirms Denial of Summary Judgment on Bad Faith Claim
By Tred R. Eyerly on
Following the jurisprudence set forth by the Hawaii Supreme Court, the Intermediate Court of Appeals affirmed the trial court's rejection of the insured's claim for bad faith. Stewart v. State Farm Mut. Auto. Co., 2012 Haw. Ct. App. LEXIS 148 (Haw. Ct. App. Feb. 10, 2012).
The ICA agreed with the insured that the trial…
Insurer Must Cover Construction Defects Claims Under Actual Injury Rule
By Tred R. Eyerly on
The Texas Court of Appeals held that the insured need not prove the exact dates physical damage occurred in order to trigger defense and indemnity coverage. Vines-Herrin Custom Homes, LLC v. Great Am. Lloyds Ins. Co., 2011 Tex. App. LEXIS 10027 (Tex. Ct. App. Dec. 21, 2011).
In 1999, the insured built a home.
Hawaii ICA Affirms Determination of No Bad Faith
By Tred R. Eyerly on
Shilo Willis was injured when the uninsured car in which she was a passenger was struck by another vehicle. Willis v. Swain, 2012 Haw. Ct. App. LEXIS 131 (Haw. Ct. App. Feb. 3, 2012). Willis was enrolled under a "certificate policy" which was provided under Hawaii's Joint Underwriting Plan (JUP) to drivers receiving public…
Justice Sotomayor Teaches and Charms Hawaii Bar Members
By Tred R. Eyerly on
The Hawaii State Bar Association was honored to be addressed last week by Supreme Court Justice Sonia Sotomayor. The Justice was visiting Hawaii on the final leg of her tour of the Pacific Rim, which included stops on Guam and Saipan. My Damon Key blogging colleague, Rebecca Copeland, gave a thorough post of the…