A commentary on insurance coverage issues in Hawaii and beyond
The Fifth Circuit affirmed the district court's holding that the pollution liability insurer owed a duty to defend a generating plant sued by the EPA. Louisiana Generating L.L.C. v. Illinois Union Ins. Co., 2013 U.S. App. LEXIS 9837 (5th Cir. May 15, 2013).
Louisiana Generating ("LaGen") was sued by the EPA for…
The federal district court assumed there was "property damage" caused by an "occurrence," but found the business risk exclusions barred coverage for construction defect claims. Hubbell v. Carney Bros. Constr., 2013 U.S. Dist. LEXIS 68331 (D. Colo. May 13, 2013).
The plaintiffs entered a construction contract with the insured general contractor to build…
The Montana Supreme Court found coverage in a wrongful death case brought against an educational academy and others. Newman v. Scottsdale Ins. Co.,2013 Mont. LEXIS 146 (Mont. May 7, 2013).
The 16-year old girl was residing at the Spring Creek Lodge Academy in Montana at the time of her death. The girl's…
The Alabama Supreme Court found there was no coverage for the insured cabinet maker for claims arising from alleged faulty workmanship. Shane Traylor Cabinetmaker, L.L.C. v. Am. Resources Ins. Co., Inc., 2013 Ala. LEXIS 42 (May 3, 2013).
The insured was sued by a homeowner for property damage caused by faulty workmanship.
A prior post here discussed the Tenth Circuit's decision in Greystone Constr., Inc. v. National Union Fire & Marine Ins. Co., 661 F. 3d 1272 (10th Cir. 2011). The court found a duty to defend construction defect claims where damage caused by the faulty workmanship was unintentional. The Tenth Circuit remanded for a…
The Hawaii Intermediate Court of Appeal agreed that the insured had entered an enforceable settlement with his insurer regarding a coverage dispute. Flowers v. United Services Automobile Assoc., No. 30085, Summary Disposition Order (Haw. Ct. App. May 17, 2013). [Order here].
The insured made a claim under his renter's insurance…
Today, I spoke with the HSBA Litigation section about construction defect coverage in Hawaii and the Group Builders' cases. Thank you to all who attended and participated in the discussion. Here are my power point slides from the presentation.
The Louisiana Court of Appeal affirmed the trial court's finding of liability on the part of the insurer and the agent for their failure to properly procure flood insurance for the insureds. Barnett v. Fid. Nat'l Prop. & Cas. Co., 2013 La. App. LEXIS 856 (La. Ct. App. May 1, 2013).
The…
Robert Thomas, my blogging colleague at Damon Key, has posted about his presentation Monday, May 20, 2013, to the Hawaii State Bar Association's Appellate Section. Robert will be speaking on amicus briefing from 12 to 1 p.m. at the HSBA conference room.
Which reminds me, I will be making a…
Recovery for the cost of stabilizing and then demolishing a building were excluded from coverage by the owned property exclusion. Clarinet, LLC v. Essex Ins. Co., 2013 U.S. App. LEXIS 7922 (8th Cir. April 22, 2013).
In 2005, Clarinet purchased a building in St. Louis which was listed on the National Register…
