A commentary on insurance coverage issues in Hawaii and beyond
In yet another of the collapse cases being litigated in state and federal courts in Connecticut, the federal district court denied the insurer's motion to dismiss. Rosenberger v. Amica Mut. Ins. Co., 2018 U.S. Dist. LEXIS 95345 (D. Conn. June 6, 2018).
The insureds had policies with Amica since 1989.
After being sued for negligence for failing to secure proper coverage, the broker was unsuccessful in seeking dismissal by way of summary judgment. Liverman Metal Recycling, Inc. v. Arthur J. Gallagher & Co., 2018 U.S. Dist. LEXIS 87957 (E.D. N.C. May 25, 2018).
Plaintiffs were two companies, Empire and Liverman…
Answering a question posed by the Ninth Circuit, the California Supreme Court found that a suit against a employer for negligent hiring, retention and supervision of a employee who intentionally injures a third party alleges an occurrence under a CGL policy. Liberty Surplus Co. Corp. v. Ledesma & Meyer Construction Co., 2018 Cal.
The Eleventh Circuit affirmed the denial of coverage under a Computer Fraud policy. Interactive Communications International, Inc. v. Great American Ins. Co., 2018 U.S. App. LEXIS 12410 (11th Cir. May 10, 2018).
Great American issued a Computer Fraud policy to Interactive Communications International, Inc. (InComm). InComm sells "chits" to consumers, who…
Connecticut courts have been swamped with cases seeking coverage for collapse caused by faulty cement. In a recent decision, the federal district court asked the Connecticut Supreme Court to determine what constitutes substantial impairment of structural integrity for applying the collapse provision of a policy. Karas v. Liberty Ins. Corp., 2018 US.
The Kentucky Supreme Court determined there was no coverage for the contractor's faulty workmanship in digging the existing basement of a building to make it deeper. Martin v. Acuity, 2018 Ky. LEXIS 188 (Ky. April 26, 2018).
Martin Elias/Properties, LLC (MEP) purchased an older home to renovate and resell for profit. MEP…
The court determined there was a duty to defend negligence and private nuisance claims for dumping materials on the plaintiffs' property. Peters Heavy Construction, Inc. v. X-Pert One Tracking Corp., 2018 Wisc. App. LEXIS 358 (Wis. Ct. App. March 29, 2018).
Peters Heavy Construction sued X-Pert One for negligently depositing…
The current issue of the ABA, Insurance Coverage Litigation Committee's publication Coverage includes our article, Seeing Around the Cyber Corner: What's Next for Cyber Liability Policies?" The article can be found here.
Thanks to my co-authors, Karin S. Aldama, Esq. and Rina Carmel, Esq.
Handling the third appeal of the matter, the Hawaii Intermediate Court of Appeals rejected the insured's claim for bad faith based upon an untimely denial of the claim. Adams v. Haw. Med. Serv. Ass'n, 2018 Haw. App. LEXIS 245 (Haw. Ct. App. June 8, 2018) (Disclaimer – our office is co-counsel for…
The United State Supreme Court ruled that the divorced spouse of an insured under a life insurance policy had no constitutional challenge against a state statute that revoked her status as a beneficiary upon the insured's death. Sveen v. Melin, 584 U.S. ___ (2018), 2018 U.S. LEXIS 3503 (U.S. June 11, 2018).…
