A commentary on insurance coverage issues in Hawaii and beyond
Interpreting New Jersey law, the federal district court dismissed without prejudice the law firm's complaint against its insurer and agent. Law Office of Drew J. Bauman v. Hanover Ins. Co., 2023 U.S. Dist. LEXIS 31844 (D. N. J. Feb. 27, 2023).
The law firm had a professional liability policy issued…
The Hawaii Supreme Court vacated and remanded the decision of the Intermediate Court of Appeals (ICA) regarding a malpractice claim against the insured's agent. Pflueger, Inc. v. AIU Holdings, Inc., 2023 Haw. LEXIS 44 (Haw. Feb. 22, 2023). Our prior post on the ICA's decision is here.
In May…
Although the employer raised numerous claims against the insured employer, none were covered under the policy. Hemphill v. Landmark Ins. Co., 2023 U.S. App. LEXIS 8079 (April 5, 2023).
Carl Hemphill and MJC Labor provided temporary employee placement and visa application processing services to workers from Mexico and Central America.
The Texas Court of Appeals agreed with the insurer that the trial court abused its discretion in appointing an attorney as umpire in a property damage dispute. In re State Farm Lloyds, 2023 Tex. App. LEXIS 966 (Tex. Ct. App. Feb. 15, 2023).
The insured filed an application for the…
The Florida Court of Appeal reversed and remanded the trial court's judgment in favor of the insured because after confirming the appraisal award, judgment was issued before the insurer could offer policy defenses. State Farm Florida Ins. Co. v. Hochreiter, 2023 Fla. App. LEXIS 743 (Fla. Ct. App. Feb. 3, 2023.
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The Hawaii Intermediate Court of Appeals found that after defense counsel withdrew from the case after the trial court found no coverage. defense counsel could not reenter the case without the insured's consent. Franco v. Reinhardt, 2023 Haw. App. LEXIS 63 (Feb. 28, 2023).
Fabio Reinhardt was driving a truck owned…
Applying California law, the Ninth Circuit determined that the insurer could not seek reimbursement from an insured based upon joint and several liability. United Specialty Ins. Co. v. Banihashemi, 2023 U.S. App. LEXIS 5546 (9th Cir. March 8, 2023).
The insured appealed the district court's summary judgment order holding him…
The Hawaii Intermediate Court of Appeals determined that appraisers cannot decide what amount is owed by the insurer after loss, but are limited to finding the amount of the loss. Krafchon v. Dongbu Ins. Co., Ltd., 2023 Haw. App. LEXIS 43 (Haw. Ct. App. Feb. 17, 2023).
The insureds owned…
The Florida Supreme Court found that the president of a public adjusting firm, which was to be compensated on a contingency basis for its adjusting services, could not subsequently serve as a "disinterested" appraiser pursuant to the policy language. Parrish v. State Farm Fla. Ins. Co., 2023 Fl. LEXIS 261 (Feb. 9…
