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
2012
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…
Justice Sotomayor Visits Hawaii
By Tred R. Eyerly on
Justice Sonia Sotomayor continues her travels through the Pacific Rim. After visiting Guam and Saipan, the Justice is in Hawaii this week, January 29 to February 3, 2012. As in Guam and Saipan, Justice Sotomayor will keep a busy schedule while in Hawaii, meeting with judges and members of the bar, students, and the…
Utah Court Adopts Time on the Risk Allocation for Defense Costs
By Tred R. Eyerly on
The Utah Supreme Court determined the "other insurance" provisions of successive policies were inapplicable and instead adopted the time-on-the-risk method of allocation for defense costs in The Ohio Casualty Ins. Co. v. Unigard Ins. Co., 2012 Utah LEXIS 1 (Utah Jan. 06, 2012).
Ohio Casualty insured Cloud Nine from June 10, 2001 to June 10…
Insurer Not Entitled to Summary Judgment on Construction Defect Claims
By Tred R. Eyerly on
The insurer unsuccessfully moved for summary judgment, contending it had no obligation to defend two related underlying construction defect cases. Amerisure Ins. Co. v. R.L.Lantana Boatyard, Ltd., 2012 U.S. Dist. LEXIS 2466 (S.D. Fla. Jan. 9, 2012).
An engineering report noted design construction defects and deficiencies in visible, physical improvements at The Moorings at Lantana Condominium.
Unit Owners Have No Standing To Sue Under Condominium Association’s Policy
By Tred R. Eyerly on
If a condominium owner suffers damage caused by a leak from another unit, may it sue the insurer for the Association of Apartment Owner (AOAO) for coverage? The federal district court for Hawaii said "no" in a decision by Judge Mollway. See Peters v. Lexington Ins. Co., 2011 U.S. Dist. LEXIS 148734 (D.