A commentary on insurance coverage issues in Hawaii and beyond
A gunshot killed one and injured others. Rejecting arguments for a multiple occurrence, the Alaska determined there was one occurrence despite several injuries. United Serv. Auto. Ass'n v. Neary, 2013 Alas. LEXIS 102 (Alaksa Aug. 16, 2013).
The insured's teenage son fatally one friend and seriously injured another with one of his…
The South Carolina Supreme Court determined there was no coverage for construction defect claims based upon the policy's exlcusions. Bennett & Bennett Constr., Inc. v. Auto Owners Ins. Co., 2013 S.C. LEXIS 170 (S.C. July 17, 2013).
The general contractor was hired by a homeowner to remove synthetic stucco cladding and replace…
The First Circuit held that the insurer was obligated to pay postjudgment interest pursuant to its policy until such time as policy limits were exhausted. Vazquez-Filippetti v. Cooperativa De Seguros Multiples De Puerto Rico, 2013 U.S. App. LEXIS 14251(1st Cir. July 15, 2013).
Cooperativa's insured was found liable for striking a pedestrian…
The federal district court determined the insurer had no coverage obligations for environmental damage when the injury in fact occurred long before the policy period. Alabama Gas Corp. v. Travelers Cas & Sur. Co., 2013 U.S. Dist. LEXIS July 16, 2013).
The predecessor of Alabama Gas Corp. manufactured gas on the property…
The Third Circuit affirmed the District Court's finding that the insurers had no duty to defend day care and youth centers for bribes and kickbacks allegedly paid to two state court judges. Markel Int'l Ins. Co. v. W. Childcare, LLC, 2013 U.S. App. LEXIS 14017 (3d Cir. July 8, 2013).
In 2009…
Having previously decided that construction defect claims did not arise from an occurrence and were consequently not covered under Hawaii law, the Hawaii Federal District Court refused to dismiss the insured's second amended counterclaim alleging various claims for relief. Ill. Nat'l Ins. Co. v. Nordic PCL Construc., Inc., 2013 U.S. Dist. LEXIS 108932…
In an significant decision touching on a host of issues, the Hawaii Intermediate Court of Appeals (ICA) overturned the circuit court and found numerous insurers had a duty to defend its insured for bodily injury and property damage caused by the 2006 breach of the Kaloko Dam on Kauai. C. Brewer and Co., Ltd. …
In a decision authored by Judge Leslie E. Koybayashi, the U.S. District Court for the District of Hawaii followed its prior decisions that construction defect claims were not covered because such claims do not arise from an occurrence. Nautilus Ins. Co. v. 3 Builders, Inc., 2013 U.S. Dist. LEXIS 88480 (D. Haw. June…
In addressing a certified question from the Eleventh Circuit, the Florida Supreme Court found that an insurer may not rely upon extrinsic evidence to salvage ambiguities in a policy. Wash. Nat'l Ins. Corp. v. Ruderman, 2013 Fla. LEXIS 1388 (Fla. July 3, 2013).
The case arose as a class suit against Washington…
