A commentary on insurance coverage issues in Hawaii and beyond
The insured unsuccessfully attempted to get around the policy's anti-concurrent causation clause by arguing a covered cause of loss was a contributing factor. See Stor/Gard, Inc. v. Strathmore Ins. Co., 2012 U.S. Dist. LEXIS 63217 (D. Mass. May 4, 2012).
A building at the insured's storage facility was damaged when heavy rain caused a…
In February, shortly after the Hawaii legislature convened for this year's session, we reported here on several pending insurance-related bills. The 2012 legislature ended on May 3, 2012, passing only one insurance-related bill, S.B. No. 2009.
S.B. No. 2009 provides new provisions to the Insurance Code to regulate the use of claims history information by insurers for homeowners…
The Wisconsin Court of Appeals acknowledged that the third-party beneficiary of a policy has a right to sue the insurer for bad faith. See Meleski v. Schbohm LLC, 2012 Wis. App. LEXIS 343 (Wis. Ct. App. May 1, 2012)
Plaintiff fell and injured herself on the insured's property. The insured's policy promised to "pay medical…
Although the insured recovered from her insurer for property damage caused by Hurricane Katrina, her claim for loss of personal property was denied because it was not timely submitted. See Williams v. Louisiana Citizens Fair Plan, 2012 La. App. LEXIS 599 (May 2, 2012).
After the hurricane struck, Louisiana Citizens paid the…
The insurer's duty to defend a developer sued by purchasers of homes for damages for diminution in value of homes was at issue in Mid-Continent Cas. Co. v. Academy Dev., Inc., 2012 WL 1382459 (5th Cir. April 20, 2012).
In the underlying action, plaintiffs alleged the developer knew when it sold the…
The court determined the vandalism exclusion barred coverage and that the ensuing loss provision was not applicable. See New London County Mut. Ins. Co. v. Zachem, 2012 Conn. Super. LEXIS 850 (Conn. Super. Ct. March 29, 2012).
A fire caused by an explosion occurred at the insured's property on September 11, 2008. The fire…
Tenants renting a house from the insured caused a fire by tapping into neighbor's electrical system to operate and conceal a marijuana crop. See Kochendorfer v. Metro. Prop. & Cas. Ins Co., 2012 U.S. Dist. LEXIS 51032 (W.D. Wash. April 11, 2012).
The insurer made an initial payment of $30,052.83 for the…
The case before the Ninth Circuit asked whether the pollution exclusion applied to carbon monoxide poisoning. See Cent. Sur. Co. v. Casino West., Inc., 2012 U.S. App. LEXIS 56958 (9th Cir. April 6, 2012). The accident occurred in a Nevada casino and hotel owed by Casino West.
The fumes were created by a…
Coverage for construction defects continues to be hotly contested in Hawaii state and federal courts. In a recent decision, Judge Mollway felt bound to follow the Ninth Circuit's decision in Burlington Ins. Co. v. Oceanic Design & Constr., Inc., 383 F.3d 940, 944 (9th Cir. 2004), where the court found construction defect claims…
