A commentary on insurance coverage issues in Hawaii and beyond
The Eleventh Circuit considered whether Alabama law permitted the district court to look beyond the allegations of an arbitration complaint in deciding whether the insurer had a duty to defend. Am. Safety Indem. Co. v. T. H. Taylor, Inc., 2013 U.S. App. LEXIS 5072 (11th Cir. March 14, 2013).
The insured contractor…
The court grappled with whether defendants named in the underlying case were "additional insureds" under the policy. Colony Ins. Co. v. Price, 2013 U.S. Dist. LEXIS 38952 (N.D. Texas March 21, 2013).
Colony insured Tommy Sinclair under a CGL policy. Sinclair operated a nightclub. A patron was assaulted outside the club and…
The federal district court predicted that the Utah Supreme Court would find that damage to property other than the insured's work product is unexpected and arises from an occurrence. Cincinnati Ins. Co. v. AMSCO Windows, 2013 U.S. Dist. LEXIS 15999 (D. Utah Feb. 5, 2013).
The insured, AMSCO Windows, installed windows in new…
The federal district court predicted the Missouri state courts would not exclude coverage for damages caused by a concrete sealant, TIAH. United Fire & Cas. Co. v. Titan Contractors Serv., 2013 U.S. Dist. LEXIS 10716 (E.D. Mo. Jan. 28, 2013).
The insured was a construction clean up company. It supplied day labor and…
The Fifth Circuit found that Transocean's policies, not the indemnity provisions of Transocean's and BP's drilling contract, controlled the extent to which BP was covered as an additional insured for its operations under the drilling contract. Ranger Ins., Ltd v. Transocean Offshore Deepwater Drilling, Inc., 2013 U.S. App. Ct. LEXIS 4512 (5th Cir.
In a brief opinion, the Second Circuit vacated the district court's denial of coverage for construction defects. Scottsdale Ins. Co. v. R.I. Pools Inc., 2013 U.S. App. LEXIS 5680 (2nd Cir. March 21, 2013).
The insured, R.I. Pools, employed outside companies to supply concrete and to shoot the concrete into the ground.
Unable to discern the meaning of a provision stating that payment of damages would be made "through a trial but not any appeal", the court found an ambiguity. Parker v. Am. Family Ins. Co., 2013 U.S. Dist. LEXIS 9085 (D. Ore. Jan. 23, 2013).
The homeowners sued the general contractor for defective…
Methodically analyzing the damage claims, the federal district court largely denied the insurers' motions for summary judgment for coverage of construction defect claims. Big-D Constr. Corp. v. Take It for Granite Too, 2013 U.S.Dist. LEXIS 8377 (D. Nev. Jan. 22, 2013).
Big-D was the general contractor for a remodeling project of International…
The federal district court disagreed with the insurer's strident claim that Wisconsin followed the manifestation trigger for deciding coverage under a homeowner's policy. Strauss v. Chubb Indem. Ins. Co., 2013 U.S. Dist. LEXIS 224 (E.D. Wis. Jan. 2, 2013).
Several years after their house was constructed, the insureds discovered water damage. Chubb denied…
The Washington Supreme Court reversed a summary judgment ruling for the insurer based upon the insured's failure to cooperate due to genuine factual issues. Staples v. Allstate Ins. Co., 2013 Wash. LEXIS 69 (Wash. Jan. 24, 2013).
The insured's van was stolen. Inside the van was a large collection of work tools.
