A commentary on insurance coverage issues in Hawaii and beyond
The Eighth Circuit determined that business property in storage before the insured could transport the property was covered under the "Newly Acquired or Constructed Property" extension of the commercial property policy. Amera-Seiki Corp. v. The Cincinnati Ins. Co., 2013 U.S. App. LEXIS 14893 (8th Cir. July 23, 2013).
The insured imported computerized…
The Ninth Circuit held there is a duty to defend not only a PRP letter issued by the EPA, but also a section 104 (e) letter. Anderson Brothers, Inc. v. St. Paul Fire and Marine Ins. Co., 2013 U.S. App. LEXIS 18156 (9th Cir. Aug. 30, 2013).
The insured received two letters…
Notice of a claim from the additional insured was sufficient even though the named insured failed to give proper notice as required by the policy. Mt. Hawley Co. v. Robinette Demolition, Inc., 2013 Ill. App. LEXIS 499 (Ill. Ct. App. July 26, 2013).
Robinette and Cobra Concrete Cutting Service, Inc. entered an…
The Texas Supreme Court held that a home builder was covered for the voluntary removal and replacement of a defective insulation product it had installed in hundreds of homes. Lennar Corp. v. Market Am. Ins. Co., 2013 Tex. LEXIS 597 (Tex. Sup. Ct. Aug. 23, 2013).
Lennar built homes using an exterior…
The Court found coverage was properly denied due to the insured's failure to strictly comply with the requirements of the National Flood Insurance Act. Hughes v. Am. Nat'l Prop. & Cas. Co., 2013 U.S. Dist. LEXIS 99071 (E.D. La. July 16, 2013).
The insured's home was damaged by Tropical Storm Lee in September…
The Fifth Circuit certified questions to the Texas Supreme Court regarding BP's status as an additional insured under policies issued to Transocean. In Re Deepwater Horizon, Ranger Ins. , Ltd. v. Transocean Offshore Deepwater Drilling, Inc., 2013 U.S. App. Ct. LEXIS 18087. The Fifth Circuit determined in March that the polices, and…
Again this year, my firm, Damon Key Leong Kupchak Hastert, will host a film festival at the Honolulu Museum of Art from September 14 to 20, 2013. See details here.
On tap for this year are the following films:
"Hanna Arendt," September 14 at 1 p.m. and 7:30 p.m.; September…
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…
