A commentary on insurance coverage issues in Hawaii and beyond
On a certified question from the Federal District Court, the Supreme Court of Kentucky decided that an anti-assignment provision in a policy is unenforceable. Wehr Constructors v. Paducah Div. Assur. Co. of Am., 2012 Ky. LEXIS 183 (Ky. Oct. 25, 2012).
Before building an addition to its hospital, Murray Calloway County Hospital…
The insured had to rely on a policy archivist to establish the terms and conditions of two umbrella policies that were lost. See Canal Ins. Co. v. Montello, Inc., 2012 U.S. Dist. LEXIS 148119 (Oct. 15, 2012). The court excluded the reports and testimony of the expert because he could not satisfy the…
By voluntarily injecting a legal issue into the case, the insurer waived the right to keep its communications confidential. Catalina London v. Johnson & Bell, Ltd., 2012 U.S. Dist. LEXIS 147993 (N.D. Ill. Oct. 10, 2012).
The Catalina London sued its former coverage counsel for giving negligent coverage advice in a declaratory judgment…
Four homeowners filed suit against Farmers after loss due to fire. Henderson v. Farmers Group, Inc., 2012 WL 5246912 (Cal. Ct App. Oct. 24, 2012). The issue was whether Farmers must provide coverage where late notice was given, but no prejudice was shown.
In August 2009, the Station Fire destroyed 89 homes in Southern California.
The federal district court determined the insureds' arguments relying upon the efficient proximate cause doctrine were misguided and only a portion of the loss from fire and earth movement was covered. Stankova v. Metro. Prop. & Cas Ins Co., 2012 U.S. Dist. LEXIS 150900 (D. Ariz. Oct. 18, 2012).
The insureds' garage was…
The Ohio Supreme Court recently determined that underlying obligations of defective workmanship are not claims for "property damage" caused by an "occurrence." Westfield Ins. Co. v. Custom Agri. Systems, Inc., 2012 Ohio LEXIS 2485 (Ohio Oct. 16, 2012).
The case evolved from a certified question from the United States Court of Appeals for the Sixth…
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…
