A commentary on insurance coverage issues in Hawaii and beyond
In a brief opinion, the Second Circuit vacated the district court's denial of coverage for construction defects. Scottsdale Ins. Co. v. R.I. Pools Inc., 2013 U.S. App. LEXIS 5680 (2nd Cir. March 21, 2013).
The insured, R.I. Pools, employed outside companies to supply concrete and to shoot the concrete into the ground.
Through the efforts of Mihoko Ito, Esq. and Gary Slovin, Esq., the Hawaii State Bar Association is again this year tracking various categories of legislation during the current session. Based upon Mihoko's and Gary's efforts, below is a summary of the insurance related bills the legislature is considering.
HB 125– The…
On Monday, February 11, 2013, the visiting panel of Ninth Circuit judges in town for oral arguments addressed members of the Hawaii State Bar Association. The event, entitled "Appellate Practice Tips," was hosted by the Federal Bar Association. The panel members were the Honorable Susan P. Graber, the Honorable Jay S. Bybee and the…
The current issue of the University of Hawaii Law Review includes an article I co-authored entitled, “Key Issues in Hawaii Insurance Law Answered by the Moon Court.” My co-authors include Hazel Beh, Keith Hiraoka, Peter Olson, Michael Tanoue, and Alan Van Etten. The Moon Article is available at 33 U. Haw. L. Rev. 779…
Damon Key will host a film festival geared towards the legal field September 1 to 6, 2012. The films will be presented at the Honolulu Museum's Doris Duke Theater. Afternoon and evening presentations are being offered.
The films include:
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My Damon Key blogging colleague, Rebecca Copeland at www.Recordonappeal.com., reports here that the Hawaii Supreme Court accepted certiorari in Willis v.Swain, First Insurance Company of Hawaii, Ltd., No. SCWC-29539. Our post on the Hawaii Intermediate Court decision is here. The case involves whether the insurance company owes a duty of good faith in…
In February, shortly after the Hawaii legislature convened for this year's session, we reported here on several pending insurance-related bills. The 2012 legislature ended on May 3, 2012, passing only one insurance-related bill, S.B. No. 2009.
S.B. No. 2009 provides new provisions to the Insurance Code to regulate the use of claims history information by insurers for homeowners…
Here is an article I authored in this month’s Hawaii Bar Journal entitled, “The Battle Over Coverage For Construction Defects.” The premise of the article is that while the Intermediate Court of Appeals held in Group Builders, Inc. v. Admiral Ins.Co.,123 Haw. 142, 213 P.3d 67 (Haw. Ct. App. 2010) that construction defects do…
Through the efforts of Mihoko Ito, Esq. and Gary Slovin, Esq., the Hawaii State Bar Association is tracking variouscategories of legislation during the current session. Based upon Mihoko and Gary's efforts, below is a summary of the insurance related bills the legislature is considering.
HB 1688– The bill increases the…
The ABA, Section of Litigation, Insurance Coverage Litigation Committee's annual insurance seminar will be held again this year in Tucson from March 1-3, 2012. As always, this year's conference will offer a number of informative, cutting edge sessions on a variety of insurance-related topics. Participants from across the country with varying perspectives on insurance coverage will attend. …
