A commentary on insurance coverage issues in Hawaii and beyond
Claims that an insurance broker misrepresented coverage survived a motion to dismiss in a case decided by the New Jersey federal district court. Danho v. Fidelity Nat. Indemn. Ins. Co., Civil Action No. 2:13-CV-04547 (D. N.J. Sept. 25, 2013).
The insured's home was covered under a flood policy issued by and through…
The New Jersey Supreme Court held that one insurer could seek contribution from another insurer who settled with and secured a release from the insured. Potomac Ins. Co. v. Pennsylvania Manufacturers' Ass'n Ins. Co., 2013 N.J. LEXIS 847 (N.J. Sept. 16, 2013)
The township of Evesham retained Roland Aristone, Inc. to be…
The court determined that the policy's ensuing loss provision prevented the insurer's motion for summary judgment on coverage for repair of an elevator. Lloyd's Acceptance Corp. v. Affiliated FM Ins. Co., 2013 U.S. Dist. LEXIS 130405 (E.D. Mo. Sept. 12, 2013).
The insured managed an apartment building with four passenger elevators. After…
The Alabama Supreme Court followed prior precedent and found that the contractor's faulty workmanship causing damage to his own product did not arise from an occurrence. Owners Ins. Co. v. Jim Carr Homebuilder, LLC, 2013 Ala. LEXIS 122 (Ala. Sept. 20, 2013).
The plaintiffs contracted with Carr to construct a new home.
The California Supreme Court determined that insurance practices violating the state's Unfair Insurance Practices Act (UIPA) could support a claim under the state's unfair competition law (UCL). Zhang v. Superior Court, 57 Cal. 4th 353 (2013).
Zhang purchased a CGL policy from California Capital Insurance Company. She sued California Capital in a…
The court determined there were sufficient allegations in the underlying complaint and third party complaints to raise a duty to defend for the additional insured. Ill. Emcasco Ins. Co. v. Waukegan Steel Sales, 2013 Ill. App. LEXIS 624 (Ill. Ct. App. Sept. 13, 2013).
Waukegan was named as an additional insured under subcontractor…
The South Carolina Supreme Court held that continuing damage that was part of a continuum of property damage constituted an "occurrence." Auto-Owners Ins. Co. v. Rhodes, 2013 S.C. LEXIS 248 (Sept. 25, 2013).
Rhodes hired Eadon to design, fabricate, and erect three outdoor advertising signs on Rhodes' property bordering an interstate highway.
The Hawaii Intermediate Court of Appeals overruled the trial court's award of summary judgment to Hawaii Medical Service Association ("HMSA") on bad faith and emotional distress claims, and remanded the case for further proceedings. Adams v. Hawaii Medical Serv. Ass'n., No. 30314, Summary Disposition Order (Haw. Ct. App. Sept. 30, 2013) [here…
The California Court of Appeal considered whether the insured building owner could recover for lost rent, even though it did not have a tenant, after its building was vandalized. Ventura Kester, LLC v. Folksamerica Reinsurance Co., 2013 Ca. Ct. App. LEXIS 723 (Cal. Ct. App. Sept. 11, 2013)
Ventura owned a commercial building. Its…
