A commentary on insurance coverage issues in Hawaii and beyond
The First Circuit reversed the District Court's holding that the insurer's subrogation rights were waived based on a clause in the condominium's bylaws. Pacific Indemnity Co. v. Deming, 2016 U.S. App. LEXIS 12374 (1st Cir. July 5, 2016).
Deming rented a unit in the condominium under a lease with the unit's owners. He fell…
The policyholder's attempt to extend the duty to defend analysis beyond the complaint's allegations and the four-corners of the policy failed before the Wisconsin Supreme Court. Water Well Solutions Service Group Inc. v. Consolidated Ins. Co., 2016 Wisc. LEXIS 163 (Wis. Sup. Ct. June 30, 2016).
Waukesha Water Utility contracted…
The court denied the carrier's motion for summary judgment, seeking to establish it had no duty to defend or indemnify. Allstate Ins. Co. v. Tarantino, 2016 U.S. Dist. LEXIS 81713 (D. Conn. June 23, 2016).
The insured's son was at a friend's house. He found an air gun, aimed the gun at the floor…
I am invited to speak before the Honolulu Association of Insurance Professionals at the monthly meeting September 13, 2016. The topic will be "Coverage for Construction Defects – Hawaii Departs from the Emerging Trend."
The meeting will be at the Island Insurance Meeting Hall, 1022 Bethel St., Honolulu. All are invited, but please RSVP to pr@haipro.org.
Bound by well-established case law in Pennsylvania, the federal district court ruled that there was no coverage for alleged faulty workmanship. Peerless Ins. Co. & Ohio Sec. Ins. Co. v. Manown Builders, 2016 U.S. Dist. LEXIS 85261 (W.D. Pa. June 30, 2016).
Manown was sued by the homeowners after they noticed in…
The court denied National Union's motion to dismiss the insured's suit to compel a defense under the umbrella policies. San Diego Unified Port Dist. v. Nat'l Union Fire Ins. Co., 2016 U.S. Dist. LEXIS 88362 (S. D. Cal. July 6, 2016).
National Union sold the insured primary and umbrella policies, promising to defend and…
The federal district court predicted that business interruption caused by smoke from a nearby wildfire would be covered under Oregon law. Oregon Shakespeare Festival Assoc. v. Great Am. Ins.. Co., 2016 U.S. Dist. LEXIS 74450 (D. Ore. June 7, 2016).
The insured operated the Shakespeare Festival in three venues, one of which was an…
The insurer unsuccessfully moved for a determination that it had no duty to defend a public adjuster. Singer v. Continental Cas. Co., 2016 U.S. Dist. LEXIS 82286 (E.D. Pa. June 24, 2016).
Plaintiffs in the underlying action alleged that the public adjuster, Brian Singer, negligently performed his duties while assessing and inspecting a claimed loss…
Distinguishing its seminal case on coverage for construction defects, Weedo v. Stone-E-Brick, Inc., 81 N.J. 233 (1979), the New Jersey Supreme Court determined that rain damage to the building caused by a subcontractor's faulty workmanship constituted "property damage" and an "occurrence" under the property developer's CGL policy. Cypress Point Condo. Ass'n v.Towers…
My colleagues Rina Carmel, Karin Aldama and I authored an article entitled, "Determining Whether and When the Duty to Defend Ends." The article appears in the current edition of Coverage, published by the Insurance Coverage Litigation Committee of the ABA. The article is here.
The article discusses common issues that arise in determining…
