A commentary on insurance coverage issues in Hawaii and beyond
The Illinois Appellate Court found that an insurance agent was liable under both a state statute and common law for failure to obtain coverage requested by the insured. Skaperdas v. Country Cas. Ins. Co., 2013 Ill. App. LEXIS 711(Ill.Ct. App. Oct. 7, 2013).
The insured's girlfriend was added to his policy as…
The California Court of Appeal ruled that an insurer does not have a duty to defend a lawsuit seeking injunctive relief and no compensatory damages. San Miguel Cmty. Assn. v. State Farm Gen. Ins. Co., 2013 Cal. App. LEXIS 836 (Cal. Ct. App. Oct. 1, 2013).
San Miguel was a nonprofit residential…
The New Jersey Supreme Court considered the appropriate allocation for costs of the cleanup of contaminated property when one of the two insurers became insolvent. Farmers Mut. Fire Ins. Co v. N.J. Prop. Liab. Ins. Guar. Ass'n, 2013 N.J. LEXIS 902 (N.J. Sept. 24, 2013).
Newark Insurance Company issued a homeowner's policy…
The California Court of Appeals affirmed the trial court's denial of a motion to compel an appraisal in the midst of a suit filed after the insureds' property was destroyed by fire. Alexander v. Farmers Ins. Co., Inc., 219 Cal. App. 4th 1183 (Cal. Ct. App. Sept. 23, 2013).
The insureds held…
The court rejected the insurer's arguments that the business risk exclusions barred coverage for a contractor. Gen. Cas. Co. of Wisconsin v. Five Star Bldg. Corp., 2013 U.S. Dist. LEXIS 134122 (D. Mass. Sept. 19, 2013).
Five Star was hired by the University of Massachusetts to upgrade the ventilation (HVAC) system…
Judge Mollway, U.S. District Court Judge for the District of Hawaii, found the insurer was not in bad faith for allegedly leading its insured to believe that construction defects would be covered under the policy. The court, however, allowed the insured's negligent misrepresentation claim to survive summary judgment. Ill Nat'l Ins. Co v. Nordic …
The Florida Court of Appeals remanded the case after the insured was awarded an $8 million dollar judgment against its property insurer for hurricane and other damage to a home. Am. Home Assur. Co. v. Sebo, 2013 Fla. App. LEXIS 14799 (Fla. Ct. App. Sept. 18, 2013).
Sebo purchased his home in…
