A commentary on insurance coverage issues in Hawaii and beyond
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…
The District Court determined there was a duty to defend directors under a Not for Profit Organizations insurance policy in one of three lawsuits filed against the insureds. Landing Council of Co-Owners v. Fed. Ins. Co., 2013 U.S. Dist. LEXIS 127989 (S.D. Tex. Sept. 9, 2013).
The Council was a homeowners' association for…
The Sixth Circuit reversed the district court's denial of the insured's claims against an agent for failure to procure proper coverage. Cleveland Indians Baseball Co., L.P. v. New Hampshire Ins. Co. Group, 2013 U.S. App. LEXIS 17629 (6th Cir. Aug. 23, 2013).
The Cleveland Indians contracted with National Pastime Sports to put on "Kids…
The United States District Court in Mississippi determined a case against the flood insurer involving procurement claims were properly remanded to the state court after it had been removed to federal court. Simmons v. Miss. Farm Bureau Cas. Ins. Co., 2013 U.S. Dist. LEXIS 105932 (N.D. Miss. July 29, 2013).
The insured homeowners…
The insurer's motion for summary judgment to deny coverage for the homeowners' fuel oil leak was rejected based upon the policy's ensuing loss provision. Estate of Konell v. Allied Prop. & Cas. Ins. Co., 2013 U.S. Dist. LEXIS 101081 (D. Ore. July 19, 2013).
The insured argued that a windstorm caused a…
The Akamai Money section of yesterday's Honolulu Star-Advertiser published my short article on insurance coverage basics. The article is here.
