The insured moved for an order compelling the production of documents from the insurer after 180 pages were produced, nearly all of which were blank after redactions. See Panattoni Construction, Inc. v. Travelers Prop. Cas. Co. of Am., Case No. C11-1195RSM, Order on Motion to Compel (W.D. Wash., Dec. 14, 2012) (see order here
Exclusions and Exceptions to Exclusions Explored
The court considered the shifting burdens of proof regarding the liability policy's exclusions and exceptions to the exclusions. Ment Bros. Iron Works Co. Inc. v. Interstate Fire Cas. Co., 2012 U.S. App. LEXIS 25310 (2nd Cir. Dec. 11, 2102).
The building owner and developer hired a general contractor, who hired the insured
Concurrent Causation Doctrine Does Not Salvage Coverage
An exclusion for firearms in a CGL policy barred coverage despite the insured's argument that the concurrent causation doctrine should apply. Capitol Specialty Ins. Corp. v. JBC Entertainment Holdings, Inc., 2012 Wash. App. LEXIS 2835 (Wash. Ct. App. Dec. 10, 2012).
The coverage dispute arose when an unknown person fired a gun
Law Review Article Addresses Hawaii Insurance Law Developments Under Moon Court
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
Allegations of Actual Property Damage Necessary to Invoke Duty to Defend
The Fifth Circuit held that under Texas law, conclusory allegations of property damage in the underlying complaint did not trigger the insurer's duty to defend. PPI Tech. Serv., L.P. v. Liberty Mut. Ins. Co., 2012 U.S. App. LEXIS 24571 (5th Cir. Nov. 29, 2012).
Royal Production Company was the lessor and operator
Loss Caused by Subcontractor’s Faulty Work Covered in Georgia
The Georgia Court of Appeals found a subcontractor was covered under a CGL policy for loss caused by alleged faulty workmanship. Maxum Indem. Co. v. Jimenez, 2012 Ga. App. LEXIS 970 (Ga. Ct. App. Nov. 20, 2012).
Jimenez was hired as a subcontractor to install pipes for a dormitory construction project at
Exclusion Barring Suits By One Insured Against Another Found Inapplicable
The court analyzed the impact of the policy exclusion barring coverage where one insured sued another. Gemini Ins. Co. v. Delos Ins. Co., 2012 Cal. App. LEXIS 1230 (Cal. Ct. App. Dec. 5, 2012).
Delos insured Bobby's, a restaurant, located in the Loch Lomond Marina, San Rafael, California. The landlord was Loch
Blogging for Five Years
We passed our fifth anniversary for this blog earlier this month. It has been an interesting journey, over 630 posts now, unquestionably a self-education in insurance issues, as well as a mechanism for connecting with others.
And we have readers, too. Again, thanks for the support this year, compelling us search for material worth
Legislation Expanding “Occurrence” to Cover Faulty Workmanship Cannot Be Applied Retroactively
The South Carolina Supreme Court held that the legislative definition expanding the meaning of "occurrence" to include damage resulting from faulty workmanship cannot be applied retroactively. Harleysville Mut. Ins. Co. v. The State of South Carolina, 2012 S.C. LEXIS 270 (S.C. Nov. 21, 2012).
The South Carolina legislation, Act No. 26, was
Issue Preclusion from Arbitration Bars Coverage
Lucian Manganella was the president and sole shareholder of Jasmine, a clothing retailer. See Manganella v. Evanston Ins. Co., 2012 U.S. App. LEXIS 24360 (1st Cir. Nov. 27, 2012). Donna Burgess, whose sexual harassment allegations against Manganella formed the underlying claims, was Jasmine's human resources manager from 1997 to 2006.
In 2005, Manganella