A commentary on insurance coverage issues in Hawaii and beyond
The homeowner's suit against the insurer under a lender-placed policy was dismissed for lack of the insured's standing. Joseph v. Praetorian Ins. Co., 2018 U.S. Dist. LEXIS 27731 (S.D. Fla. Feb. 20, 2018).
The insurer issued a lender-placed homeowners policy on the plaintiff's home. The named insured was Bank of…
Interpreting Missouri law, the federal district court found that the insurer must defend the negligent misrepresentation claim filed against the insured seller of a home. Am. Family Mut. Ins. Co. v. Spencer, 2018 U.S. Dist. LEIS 44272 (E.D. Miss. March 19, 2018).
The insurer issued a homeowners policy to Nancy…
The Tennessee Court of Appeals found that the insured was entitled to coverage under the policy's "ordinance or law" provision for repairs to prevent a future collapse of both the damaged and undamaged portions of the building. Jefferson Cnty. Schools v. Tenn. Risk Mgmt. Trust, 2018 Tenn. app. LEXIS 138 (Tenn. Ct.
The carrier's attempt to escape arbitration based upon a perceived bias in the insured's selected arbitrator was rejected when the court granted the insured's motion to compel arbitration. Queen's Med. Ctr. v. Travelers Cas. & Sur. Co. of Am., 2018 U.S. Dist. LEXIS 60137 (D. Haw. April 9, 2018).
In…
The Nebraska Court of Appeals ruled that the insurer must defend claims of faulty workmanship causing property damage to something other than the insured's work product. Grinnell Mut. Reinsurance Co. v. Fisher, 2018 Neb. App. LEXIS 47 (Neb. Ct. App. March 13, 2018).
Fisher was a contractor who was hired…
Interpreting Hawaii law, the federal district court held that the standard for triggering the duty to defend is the same as the standard for the duty to advance costs under a D&O policy. Maui Land & Pineapple Co. v. Liberty Ins. Underwriters, 2018 U.S. Dist. LEXIS 56949 (D. Haw. April 3, 2018).…
The Florida Court of Appeals recently held the the policy's exclusion for repeated water seepage over a period of fourteen days or more does not exclude loss caused by the seepage for the first thirteen days. Hicks v. Am. Integrity Ins. Co. of Florida, 2018 Fla. App. LEXIS 2616 (Fla. Ct. App.
The insured's suit against his broker for securing a policy with insufficient policy limits was dismissed when filed more than two years after the alleged professional negligence occurred. Pritchard v. Andy Houghton Ins. Agency, 2018 Cal. App. Unpub. LEXIS 1160 (Cal. Ct. App. Feb. 20, 2018).
Pritchard requested coverage for…
The general contractor was not entitled to a defense based upon an exclusion for construction management fees. Houston Cas. Co. v. Cavan Corp .of NY, Inc., 2018 N.Y. App. Div. LEXIS 1138 (N.Y. App. Div. Feb. 20, 2018).
Cavan entered a Construction Management Agreement ("CMA") under which it would act…
