A commentary on insurance coverage issues in Hawaii and beyond
The court determined that a policy's loss payment provision did not bar a post-loss assignment. One Call Prop. Servs. v. Sec. First Ins. Co., 2015 Fl. App. LEXIS 7643 (Fla. Ct. App. May 20, 2015).
After One Cell performed emergency water removal for the insured, the insured assigned his rights to policy…
The Seventh Circuit found "replacement cost" proceeds were still payable after the insured's sale of damaged property in its unrepaired state. Edgewood Manor Apt. Homes LLC v. RSUI Indem. Co., 2013 U.S. App. LEXIS 21939 (7th Cir. Oct. 25, 2013).
Edgewood Manor Associates, Ltd. owned an apartment complex in Gulfport, Mississippi that…
Unable to discern the meaning of a provision stating that payment of damages would be made "through a trial but not any appeal", the court found an ambiguity. Parker v. Am. Family Ins. Co., 2013 U.S. Dist. LEXIS 9085 (D. Ore. Jan. 23, 2013).
The homeowners sued the general contractor for defective…
In answering a certified question from the federal district court, the Kentucky Court found that a policy's anti-assignment provision was unenforceable. In Re Wehr Constructors, Inc. v. Assurance Co. of Am., 2012 Ky. LEXIS 183 (Ky. Released for Publication Dec. 20, 2012).
The Hospital hired Wehr Constructors to install concrete subsurfaces and…
On a certified question from the Federal District Court, the Supreme Court of Kentucky decided that an anti-assignment provision in a policy is unenforceable. Wehr Constructors v. Paducah Div. Assur. Co. of Am., 2012 Ky. LEXIS 183 (Ky. Oct. 25, 2012).
Before building an addition to its hospital, Murray Calloway County Hospital…
The court found an anti-assignment provision enforceable, thereby denying coverage for the assignee. Dameron Hospital Assoc. v. State Farm Mutual Automobile Ins. Co., 2012 U.S. Dist. LEXIS 146577 (E.D. Cal. Oct 20, 2012).
Dameron Hospital provided emergency medial treatment to three individuals who were in automobile accidents and had coverage through State…
After suffering hurricane damage and having repairs made, the insured sought to assign rights under its policy to the contractor performing the remediation work. The anti-assignment provision, however, prevented the contractor's recovery under the policy. Paramount Disaster Recovery, Inc. v. Axis Surplus Ins. Co., 2011 U.S. Dist. LEXIS 98272 (S.D. Texas. Aug. 31…
The insurer argued it had no duty to defend the assignee of a policy because it was not a named insured. While the trial court agreed, the Appellate Court of Illinois reversed. Illinois Tool Works, Inc. v. Commerce and Indus. Ins. Co., 2011 Ill. App. LEXIS 881 (Ill. Ct. App. Aug. 16, 2011).…
Our prior post reported on the Fifth Circuit's certified question to the Louisiana Supreme Court regarding anti-assignment provisions in policies assigned to the State. Louisiana distributed funds from the "Road Home" program to Louisiana homeowners to repair uninsured and under-insured property damaged by hurricanes. Before funds were issued, the homeowners had to sign a…
Following recent Fifth Circuit precedent, the federal district court ruled that the assignment made after the loss without the insurers consent was invalid. See Nautilus Ins. Co. v. Concierge Care Nursing Centers, Inc., 2010 U.S. Dist. LEXIS 136842 (S. D. Tex. Dec 28, 2010).
In 1999, Brae Burn Construction Company Inc. entered into…
