A commentary on insurance coverage issues in Hawaii and beyond
The insured general contractor was not covered for alleged faulty workmanship in constructing a home. Allstate Ins. Co. v. Luu, 2017 U.S. Dist. LEXIS 190983 (N.D. Ga. Nov. 17, 2017).
Luu, the homeowner, contracted with Diamond for the purchase of a lot and building of a new home. After the…
The insured's claim for fire loss was rejected based upon an endorsement requiring sprinkler systems be installed in all buildings. Illinois Union Ins. Co. v. Grandview Palace Condo. Assn., 2017 N.Y. App. Div. LEXIS 8023 (N.Y. App. Div. Nov. 14, 2017).
The policy issued to the insured included a protective…
The Tennessee Court of Appeals reversed the trial court's determination that the seller's alleged negligent misrepresentation regarding the propensity of the property to flood was covered. Erie Ins. Exh. v. Maxwell, 2017 Tenn. App. LEXIS 746 (Tenn. Ct. App. Nov. 15, 2017).
The Chapmans purchased a residence from the Maxwells…
Although the homeowners did not own their homes when the subcontractors completed their work, the general contractor was still covered as an additional insured for the homeowners' suits based on the ongoing operations endorsement in the subcontractors' policies. McMillin Mgmt. Servs. v. Fin. Pac. Ins. Co., 2017 Cal. App. LEXIS 1000 (Cal.
The Tenth Circuit held that inquiry notices sent to the insured by the Securities and Exchange Commission were not a claim under a claims-made Directors' and Officers' policy. MusclePharm Corp. v. Liberty Ins. Underwriters, Inc., 2017 U.S. App. LEXIS 20233 (10th Cir. Oct. 17 2017).
The SEC mailed a letter…
This blog reaches the ten year mark this week. We started in December 2007, 1143 posts ago. Blogging has served as a invaluable self-education on multiple coverage issues in an effort to keep abreast of the constantly changing landscape. We hope readers have found the posts to be useful and informative.
Two Damon…
The California Court of Appeal upheld the trial court's award of summary judgment to the insurer who had denied a claim for failure to attend a second Examination Under Oath (EUO). Munoz v. State Farm General Ins. Co., 2017 Cal. App. Unpub. LEXIS 7728 (Cal. Ct. App. Nov. 9, 2017).
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