A commentary on insurance coverage issues in Hawaii and beyond
In an unpublished opinion, the California Court of Appeal determined there was no coverage for damage caused by a leaking pipe, including mold. Brown v. Mid-Century Ins. Co., 2013 Cal App. Unpub. LEXIS 2389 (Cal. Ct. App. April 2, 2013).
In February 2009, the insureds noticed condensation on the windows of their…
Joining what it called the majority of jurisdictions, the North Dakota Supreme Court found that damage caused by faulty workmanship can be an "occurrence." K&L Homes, Inc. v. Am. Family Mutual Ins. Co., 2013 N.D. LEXIS 61 (N.D. April 5, 2013).
The insured, K&L, was a general contractor who was sued after completing…
Judge Kay of the Hawaii federal district court found coverage under an all-risk policy for damage caused by arsenic. Ass'n of Apt. Owners of Imperial Plaza v. Fireman's Fund Ins. Co., 2013 U.S. Dist. LEXIS 50904 (D. Haw. April 9, 2013).
Plaintiff had a fourth floor constructed on top of its existing…
On May 19, 2010, the Hawaii Intermediate Court of Appeals determined construction defect claims did not constitute an occurrence under a CGL policy. Group Builders, Inc. v. Admiral Ins. Co., 123 Haw. 142, 231 P.3d 67 (Haw. Ct. App. 2010) ("Group Builders I") [post here]. The appeal in Group Builders I…
The Hawaii Intermediate Court of Appeals (ICA) determined that the AOAO's bylaws were ambiguous as to the extent of insurance coverage provided for its members. AOAO Queen Emma Gardens & Touchstone Props. v. Wai Hung Ma, 2013 Haw. App. LEXIS 192 (Haw. Ct. App. April 5, 2013).
The owners of a sixth…
Our law firm's quarterly publication, Legal Alert, includes my article updating the evolving debate in Hawaii over coverage for construction defects. The latest edition of Legal Alert and my article are here.
The Eleventh Circuit considered whether Alabama law permitted the district court to look beyond the allegations of an arbitration complaint in deciding whether the insurer had a duty to defend. Am. Safety Indem. Co. v. T. H. Taylor, Inc., 2013 U.S. App. LEXIS 5072 (11th Cir. March 14, 2013).
The insured contractor…
The court grappled with whether defendants named in the underlying case were "additional insureds" under the policy. Colony Ins. Co. v. Price, 2013 U.S. Dist. LEXIS 38952 (N.D. Texas March 21, 2013).
Colony insured Tommy Sinclair under a CGL policy. Sinclair operated a nightclub. A patron was assaulted outside the club and…
The federal district court predicted that the Utah Supreme Court would find that damage to property other than the insured's work product is unexpected and arises from an occurrence. Cincinnati Ins. Co. v. AMSCO Windows, 2013 U.S. Dist. LEXIS 15999 (D. Utah Feb. 5, 2013).
The insured, AMSCO Windows, installed windows in new…
The federal district court predicted the Missouri state courts would not exclude coverage for damages caused by a concrete sealant, TIAH. United Fire & Cas. Co. v. Titan Contractors Serv., 2013 U.S. Dist. LEXIS 10716 (E.D. Mo. Jan. 28, 2013).
The insured was a construction clean up company. It supplied day labor and…
