Whether an appraisal award could be confirmed as an arbitration award considered by the Florida Court of Appeal in State Farm Florida Ins. Co. v. Gonzalez, 76 So. 3d 34 (Fla. Ct. App. 2011).
The insureds' home was damaged by a hurricane in 2005. State Farm acknowledged there was a covered loss, but
Although it was an additional insured under the tenant's commercial general liability policy, the landlord was not entitled to a defense for injury arising out of property other than the leased property. See VBH Luxury, Inc. v. 940 Madison Assoc. LLC, 2012 N.Y. LEXIS 217 (N.Y. Feb. 14, 2012).
The landlord was an additional insured
The court agreed with the insurer that the litigation should be abated during the appraisal for damage caused by Hurricane Ike. See United Neurology, P.A. v. Hartford Lloyd's Ins. Co., 2012 U.S. Dist. LEXIS 15675 (Feb. 8, 2012).
Harford invoked the appraisal process, which was required under the policy if the parties failed
The shopping mall owner, Bender Square Partners, sought to recover from the insurer for losses resulting from Hurricane Ike to property it had leased to PNS Stores, Inc. Bender Square Partners v. Factory Mut. Ins. Co., 2012 U.S. Dist. LEXIS 8095 (S.D. Texas Jan. 24, 2012). It turned out Bender was not an
Charles and Valerie Myers hired Perry Miller to build their home. Myers v. United Ohio Ins. Co., 2012 Ohio App. LEXIS 287 (Ohio Ct. App. Jan. 26, 2012). After completion of the home, Miller was again hired to construct an addition which included a full basement, staircases, bathroom, bedroom, hallway and garage.
After the
In a brief decision, the federal district court denied the insurer's motion for summary judgment on the insured's bad faith claims. Gulf Prod. Co. Inc. v. Hoover Oilfield Supply, Inc., 2012 U.S. Dist. LEXIS 3390 (E.D. La. Jan. 11, 2012).
The insured was sued for a defective flowline that allegedly splayed when pressure tested below
Through the efforts of Mihoko Ito, Esq. and Gary Slovin, Esq., the Hawaii State Bar Association is tracking variouscategories of legislation during the current session. Based upon Mihoko and Gary's efforts, below is a summary of the insurance related bills the legislature is considering.
HB 1688– The bill increases the
See the post here by Anna Oshiro, my Damon Key blogging colleague, on a significant ruling that the insurers must defend in a construction defect case. As Anna reports, Judge Patrick Border has issued a minute order in Coastal Constr. Co., Inc. v. N. Am. Specialty Ins. Co., Civil No. 11-1-0417-03, Circuit Court, First Circuit
The ABA, Section of Litigation, Insurance Coverage Litigation Committee's annual insurance seminar will be held again this year in Tucson from March 1-3, 2012. As always, this year's conference will offer a number of informative, cutting edge sessions on a variety of insurance-related topics. Participants from across the country with varying perspectives on insurance coverage will attend.
Following the jurisprudence set forth by the Hawaii Supreme Court, the Intermediate Court of Appeals affirmed the trial court's rejection of the insured's claim for bad faith. Stewart v. State Farm Mut. Auto. Co., 2012 Haw. Ct. App. LEXIS 148 (Haw. Ct. App. Feb. 10, 2012).
The ICA agreed with the insured that the trial