A commentary on insurance coverage issues in Hawaii and beyond
In the recently completed, 2013 session of the Hawaii Legislature, only a handful of insurance related bills were enacted. Most of the surviving bills sent to the Governor relate to health care reform. We previously posted on pending legislation in the insurance arena here.
Here is a list of bills that survived:…
The Missouri Court of Appeal determined that the all sums approach would be utilized for property damage occurring through several policy periods. Doe Run Res. Corp. v. Certain Underwriters at Lloyd's London, 2013 Mo. App. LEXIS 468 (Mo. Ct. App. April 16, 2013).
The insured, Doe Run, was a mining, milling…
In a long running suit regarding thousands of asbestos bodily injury claims brought against Kaiser Cement and Gypsum Corporation, the California appellate court held that the excess carrier's indemnity obligation did not attach until all collectible primary policies were exhausted. Kaiser Cement and Gypsum Corp. v. Ins. Co. of the State of Pennsylvania…
The Third Circuit followed Pennsylvania law in determining that damage caused by faulty workmanship did not arise from an occurrence. Zurich Am. Ins. Co. v. R. M. Shoemaker Co., 2013 U.S. App. LEXIS 6093 (3d Cir. March 27, 2013).
The County sued R. M. Shoemaker, alleging faulty construction of an addition to…
In an unpublished opinion, the California Court of Appeal determined there was no coverage for damage caused by a leaking pipe, including mold. Brown v. Mid-Century Ins. Co., 2013 Cal App. Unpub. LEXIS 2389 (Cal. Ct. App. April 2, 2013).
In February 2009, the insureds noticed condensation on the windows of their…
Joining what it called the majority of jurisdictions, the North Dakota Supreme Court found that damage caused by faulty workmanship can be an "occurrence." K&L Homes, Inc. v. Am. Family Mutual Ins. Co., 2013 N.D. LEXIS 61 (N.D. April 5, 2013).
The insured, K&L, was a general contractor who was sued after completing…
Judge Kay of the Hawaii federal district court found coverage under an all-risk policy for damage caused by arsenic. Ass'n of Apt. Owners of Imperial Plaza v. Fireman's Fund Ins. Co., 2013 U.S. Dist. LEXIS 50904 (D. Haw. April 9, 2013).
Plaintiff had a fourth floor constructed on top of its existing…
On May 19, 2010, the Hawaii Intermediate Court of Appeals determined construction defect claims did not constitute an occurrence under a CGL policy. Group Builders, Inc. v. Admiral Ins. Co., 123 Haw. 142, 231 P.3d 67 (Haw. Ct. App. 2010) ("Group Builders I") [post here]. The appeal in Group Builders I…
The Hawaii Intermediate Court of Appeals (ICA) determined that the AOAO's bylaws were ambiguous as to the extent of insurance coverage provided for its members. AOAO Queen Emma Gardens & Touchstone Props. v. Wai Hung Ma, 2013 Haw. App. LEXIS 192 (Haw. Ct. App. April 5, 2013).
The owners of a sixth…
Our law firm's quarterly publication, Legal Alert, includes my article updating the evolving debate in Hawaii over coverage for construction defects. The latest edition of Legal Alert and my article are here.
