A commentary on insurance coverage issues in Hawaii and beyond
The Texas Court of Appeals decided there was no duty to defend claims of both negligence and negligent misrepresentation in Branham v. State Farm Lloyds, 2012 Tex. Ct. App. LEXIS 7736 (Tex. Ct. App. Sept. 12, 2012).
The insured sold her home to the McCulloughs. After moving into their new home, the McCulloughs sued the insured…
Our post last week addressed the duty to defend when alleged faulty workmanship caused loss to property adjacent to where the insured was working. See Pamerin Rentals II, LLC v. R.G. Hendricks & Sons Constr., Inc., 2012 Wis. App. LEXIS 698 (Wis. Ct. App. Sept. 5, 2012) [post here]. Today, we report…
If ever in need of a concise, well-reasoned opinion on "occurrence," "property damage" and applicability of the business risk exclusions, turn to Pamperin Rentals II, LLC v. R.G. Hendricks & Sons Construction, Inc., 2012 Wis Ct. App. LEXIS 698 (Wis. Ct. App. Sept. 5, 2012).
A contractor was hired to install concrete during…
The court found an anti-assignment provision enforceable, thereby denying coverage for the assignee. Dameron Hospital Assoc. v. State Farm Mutual Automobile Ins. Co., 2012 U.S. Dist. LEXIS 146577 (E.D. Cal. Oct 20, 2012).
Dameron Hospital provided emergency medial treatment to three individuals who were in automobile accidents and had coverage through State…
Thinking the loss to their property could not meet the deductible, the insureds failed to file timely notice, thereby barring their claim. Slominski v. Citizens Prop. Ins. Corp., 2012 Fla. App. LEXIS 16730 (Fla. Ct. App. Oct. 3, 2012).
After Hurricane Wilma hit Florida on October 24, 2005, the insureds made minimal…
The federal district court considered the applicability of a document retention clause in Amtex Bancshares v. Bancinsure, Inc., 2012 U.S. Dist. LEXIS 140557 (E.D. Tex Sept. 11, 2012).
Hurricane Ike caused severe damage to the insured's bank on September 13, 2008. The policy issued by Bancinsure, Inc. covered the property and its contents.
The court considered whether rain damage to a house was barred by the policy's mold exclusion. Stewart v. State Farm Fire & Cas. Co., 2012 U.S. Dist LEXIS 127804 (D. S.D. Sept. 7, 2012).
The insureds hired DJ Construction to build a new home. Before construction was completed, it was discovered that DJ Construction…
The insureds unsuccessfully argued that water damage to their home was covered by the ensuing loss provision. Friedberg v. Chubb & Son, 2012 U.S. App. LEXIS 18817 (8th Cir. Sept. 7, 2012).
The insureds' home was built in 1989. In 2006, extensive water damage was found to the house. The insureds notified…
Damon Key's current edition of Legal Alert focuses on its litigation practice. See the current edition here.
The First Circuit considered whether an alleged ambiguity on the scope of coverage between the Declarations Page and a Standard Flood Insurance Policy ("SFIP") would allow coverage to the insured. McGair v. Am. Bankers Ins. Co. of Florida, 2012 U.S. App. LEXIS 185911 (1st Cir. Sept. 4, 2012).
The insureds home was damaged…
