A commentary on insurance coverage issues in Hawaii and beyond
The Texas Court Appeal reversed a trial court judgment which found coverage in favor of the contractor based upon exclusion j(5). Dallas Nat'l Ins. Co. v. Calitex Corp., 2015 Tex. App. LEXIS 2002 (Tex. Ct. App. March 3, 2015).
Turnkey Residential Group, Inc., was the contractor to construct a twelve-unit townhome complex…
The court determined that the pollution exclusion did not bar defense or indemnity for the insured's obligation to clean up a superfund site. Decker Mfg. Corp. v. The Travelers Indem. Co., 2015 U.S. Dist. LEXIS 12169 (W.D. Mich. Feb. 3, 2015).
From 1966 to 1981, Decker disposed of its waste materials at…
Following California law, the federal district court adopted horizontal allocation to settle a dispute among carriers for an insured sued for selling asbestos products. New England Fire Ins. Corp. v. Ferguson Enterprises, Inc., Civil No. 3:12cv948 (D. Conn. April 8, 2014) [ruling here]
The insured was a California-based corporation that sold…
The insurer's attempt to dismiss the insured's multi-count complaint for failure to provide full coverage for flood damage failed. Ragusa Corp. v. Standard Fire Ins. Co., 2014 U.S. Dist. LEXIS 40812 (D. Conn. March 27, 2014).
The insureds' house suffered significant damage due to flood associated with Hurricane Irene. The insureds submitted…
The New Jersey Supreme Court considered the appropriate allocation for costs of the cleanup of contaminated property when one of the two insurers became insolvent. Farmers Mut. Fire Ins. Co v. N.J. Prop. Liab. Ins. Guar. Ass'n, 2013 N.J. LEXIS 902 (N.J. Sept. 24, 2013).
Newark Insurance Company issued a homeowner's policy…
The New Jersey Supreme Court held that one insurer could seek contribution from another insurer who settled with and secured a release from the insured. Potomac Ins. Co. v. Pennsylvania Manufacturers' Ass'n Ins. Co., 2013 N.J. LEXIS 847 (N.J. Sept. 16, 2013)
The township of Evesham retained Roland Aristone, Inc. to be…
The Missouri Court of Appeal determined that the all sums approach would be utilized for property damage occurring through several policy periods. Doe Run Res. Corp. v. Certain Underwriters at Lloyd's London, 2013 Mo. App. LEXIS 468 (Mo. Ct. App. April 16, 2013).
The insured, Doe Run, was a mining, milling…
In a long awaited decision regarding California's liability for damages caused by the Stringfellow Acid Pits case, the California Supreme Court adopted the "all sums" method of allocating coverage among multiple insurers for long-tail claims. Further, the court concluded that stacking of policy limits was consistent with the CGL policy language. See State v. …
The Minnesota Court of Appeals affirmed the trial court's decision finding no coverage due to exclusions from the all-risk policy for losses related to mold, rot and condensation. Koskovich v. Am Family Mut. Ins. Co., 2012 Minn. App. Unpub. LEXIS 581 (Minn. Ct. App. June 25, 2012).
In 1978, the insureds purchased…
The Utah Supreme Court determined the "other insurance" provisions of successive policies were inapplicable and instead adopted the time-on-the-risk method of allocation for defense costs in The Ohio Casualty Ins. Co. v. Unigard Ins. Co., 2012 Utah LEXIS 1 (Utah Jan. 06, 2012).
Ohio Casualty insured Cloud Nine from June 10, 2001 to June 10…
