The Hawaii Supreme Court held that a Designated Premises Endorsement provided coverage for injury and damage that occurred away from a listed location if the injury or damage arose out of the ownership, maintenance or use of the designated premises. C. Brewer and Co., Ltd. v. Marine Indemn. Ins. Co., 2015 Haw. LEXIS
Absence of Property Damage During Policy Period Equates to No Coverage
The Montana Supreme Court determined there was no coverage for the insured due to a lack of property damage during the policy period. Truck Ins. Exchange v. O'Mailia, 2015 Mont. LEXIS 54 (Mont. Feb. 17, 2015).
The insured plumbing company, Lolo Plumbing & Heating, installed a water heater at Famous Dave's restaurant.
BP Is Not An Additional Insured Under Transocean’s Policy
Responding to a certified question from the Fifth Circuit, the Texas Supreme Court determined that BP was not an additional insured under Transocean's liability policy and had no coverage under the policy for the deaths caused by the explosion of the Deepwater Horizon. In re Horizon, 2015 Tex. LEXIS 141 (Tex. Feb. 13
Business Interruption Claim Upheld
A business interruption claim survived an appeal after it was determined the claim was satisfactorily presented to the trial court. Citadel Broadcasting Corp. v. Axis U.S. Ins. Co., 2015 La. App. LEXIS 274 (La. Ct. App. Feb. 11, 2015).
When Hurricane Katrina hit on August 29, 2005, the insured owned three radio
Earth Movement Exclusion Bars Coverage
Damage to the YMCA recreation center was not covered due to application of the earth movement exclusion. YMCA of Pueblo v. Secura Ins. Co., 2015 U.S. Dist. Lexis 15249 (D. Colo. Feb. 6, 2015).
On October 11, 2013, the insureds discovered a leaking water line in the men's shower, where one of
Connecticut Court Finds Anti-Concurrent Causation Clause Enforceable
Canvassing both case law and scholarly authority, the court determined that the anti-concurrent cause (ACC) provision barred coverage for loss caused by Tropical Storm Irene. Lombardi v. Universal N. Am Ins. Co., 2015 Conn. Super. LEXIS 138 (Conn. Super. Ct. Jan. 21, 2015).
Tropical Storm Irene caused the insured's home to shift
Pancakes Decision Survives Challenge Before Hawaii Appellate Court
In 1997, the Hawaii Intermediate Court of Appeals (ICA) decided Pancakes of Hawaii, Inc. v. Pomare Prop. Corp., 85 Haw. 286, 944 P.2d 83 (Haw. Ct. App. 1997). Although not an insurance coverage case, Pancakes addressed the duty to defend in terms of a contractual indemnity obligation. Under challenge in a recent appeal
Neither Designated Work Exclusion nor Pre-Existing Damage Exclusion Defeat Duty to Defend
A duty to defend existed for alleged construction defects despite the designated work exclusion and the pre-existing damage exclusion. Gemini Ins. Co. v. N. Am Capacity Ins. Co., 2015 U.S. Dist. LEXIS 14836 (D. Nev. Feb. 6, 2015).
Olsen Construction Company held three separate policies issued by Gemini from September 2002 to
Our ABA, ICLC Panel
Our panel at today’s ABA’ Insurance Coverage Litigation Committee seminar: from left, Demerius Rush, Zurich North America; Justice Peter Maassen, Alaska Supreme Court; Karin Aldama, Perkins Coie; Rina Carmel, Zelle McDonough & Cohen; Tred Eyerly, Damon Key Leong Kupchak Hastert. “Number of Occurrences” was our topic.
Duty to Defend For Accident Exists, But Not Duty to Indeminfy
The Seventh Circuit found there was a duty to defend the additional insured under the policy, but not a duty to indemnify. Kmart Corp. v. Footstar, Inc., 2015 U.S. App. LEXIS 1775 (7th Cir. Feb. 4, 2015).
By agreement, Footstar operated the footwear department in hundreds of Kmart stores around the country.