A commentary on insurance coverage issues in Hawaii and beyond
The Washington Supreme Court held that the arbitration provision in James Rivers' policy was unenforceable. State of Washington, Department of Transportation v. James River Ins. Co., 2013 Wash. LEXIS 66 (Wash. Jan. 17, 2013).
The Washington State Department of Transportation (WSDOT) was an additional insured on a policy issued by James River.
Through the efforts of Mihoko Ito, Esq. and Gary Slovin, Esq., the Hawaii State Bar Association is again this year tracking various categories of legislation during the current session. Based upon Mihoko's and Gary's efforts, below is a summary of the insurance related bills the legislature is considering.
HB 125– The…
The Seventh Circuit affirmed the granting of summary judgment to the insurer based upon an exclusion barring coverage for lost or stolen business property. Nationwide Ins. Co. v. Central Laborers Pension Fund, 2013 U.S. App. LEXIS 721 (7th Cir. Jan. 11, 2013)
The insured was an accountant employed by an accounting firm.
The insured's inability to present evidence of an agent's standard of professional care meant it could not succeed on a claim for failure to procure adequate coverage for damage to vacant property. Rayfield Pro., LLC v. Business Insurers of the Carolinas, Inc., 2012 N.C. App. LEXIS 1429 (N.C. Ct. App. Dec. 18, 2012).…
The ABA, Section of Litigation, Insurance Coverage Litigation Committee's annual insurance seminar will be held again this year in Tucson from February 28 to March 2, 2013. As always, this year's conference will offer a number of informative, cutting-edge sessions on a variety of insurance coverage-related topics. Participants from across the country with varying perspectives on insurance…
On Monday, February 11, 2013, the visiting panel of Ninth Circuit judges in town for oral arguments addressed members of the Hawaii State Bar Association. The event, entitled "Appellate Practice Tips," was hosted by the Federal Bar Association. The panel members were the Honorable Susan P. Graber, the Honorable Jay S. Bybee and the…
Whether construction defect claims against an insured contractor or subcontractor are covered is undergoing an intense debate in Colorado that is reminiscent of the current coverage battle in Hawaii.
Although I missed the case until recently, the decision in Colo. Pool Sys. v. Scottsdale Ins Co., 2012 Colo. App. LEXIS 1732 (Colo. Ct.
Although the insurer failed to understand the pertinent law that mandated coverage under the policy, its actions did not rise to an unfair claim settlement practice justifying multiple damages. Gelwan v. Vermont Mut. Ins. Co., 2013 U.S. app. LEXIS 210 (2nd Cir. Jan. 4, 2013).
In 1999, a contractor re-roofed the insureds'…
In answering a certified question from the federal district court, the Kentucky Court found that a policy's anti-assignment provision was unenforceable. In Re Wehr Constructors, Inc. v. Assurance Co. of Am., 2012 Ky. LEXIS 183 (Ky. Released for Publication Dec. 20, 2012).
The Hospital hired Wehr Constructors to install concrete subsurfaces and…
The insurer promoted a variety of arguments for summary judgment to deny coverage for water damage under a homeowner's policy. Strauss v. Chubb Indem. Ins. Co., 2013 U.S. Dist. LEXIS 224 (E.D. Wis. Jan. 2, 2013).
Construction of the insureds' home was completed in 1994. In October 2010, they discovered water damage…
