The Arkansas Supreme Court was asked a certified question by the federal district court: In determining the "actual cash value" of a covered loss, may the insurer depreciate the costs of labor when the term "actual cash value" is not defined in the policy? Adams v. Cameron Mut. Ins. Co., 2013 Ark. LEXIS
After Deciding No Duty to Defend Additional Insured, Court Finds Duty to Indemnify
The Delaware Superior Court found the insurer had a duty to indemnify the additional insured for settlement proceeds in a wrongful death suit. Premcor Ref. Group v. Matrix Serv. Indus. Contrs., 2013 Del. Super. LEXIS 517 (Del. Super. Ct. Nov. 18, 2013).
Premcor hired Pro-Tech to coordinate work at an oil refinery.
New Article On Construction Defect Coverage In Hawaii and Beyond
Here is a link to my recent article in the ABA Insurance Coverage Litigation Committee's Coverage Journal, September-October 2013, entitled, "Construction Defect Coverage in Hawaii – A Window to the Nationwide Debate."
Following Buss, Court Grants Insurer’s Request for Reimbursement of Defense Costs
The federal district court for Northern California granted the insurer's motion for reimbursement of funds advanced to the insured under a reservation of rights. Great Am. Ins. Co. v. Chang, 2013 U.S. Dist. LEXIS 159197 (N.D. Cal. Nov. 6, 2013).
The Changs operated a dry cleaner business on their property from 1977
This Blog is How Old?
This blog enters its seventh year this week. We started in December 2007, 730 posts ago.
Six years is an eternity in the blogosphere. But the blogs of two of Damon Key colleagues, Robert Thomas (http://www.inversecomdemnation.com) and Mark Murakami (http://www.oceanlawhawaiil.com), pre-date this blog. And our two newest bloggers, David
Property Policy Proceeds Assignable after Sale of Property
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
Agent Liable for Failure to Secure Adequate Coverage
The Illinois Appellate Court found that an insurance agent was liable under both a state statute and common law for failure to obtain coverage requested by the insured. Skaperdas v. Country Cas. Ins. Co., 2013 Ill. App. LEXIS 711(Ill.Ct. App. Oct. 7, 2013).
The insured's girlfriend was added to his policy as
No Duty to Defend Claims for Injunctive Relief
The California Court of Appeal ruled that an insurer does not have a duty to defend a lawsuit seeking injunctive relief and no compensatory damages. San Miguel Cmty. Assn. v. State Farm Gen. Ins. Co., 2013 Cal. App. LEXIS 836 (Cal. Ct. App. Oct. 1, 2013).
San Miguel was a nonprofit residential
Solvent Policies Must Exhaust Before State’s Guaranty Fund Can Be Tapped
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
Trial Court’s Denial of Appraisal Requested During Litigation Upheld
The California Court of Appeals affirmed the trial court's denial of a motion to compel an appraisal in the midst of a suit filed after the insureds' property was destroyed by fire. Alexander v. Farmers Ins. Co., Inc., 219 Cal. App. 4th 1183 (Cal. Ct. App. Sept. 23, 2013).
The insureds held