Jeff City Industries was the general contractor for a sewer system improvement project in Branson, Missouri. Bituminous Cas. Corp. v. United HRB Gen. Contractors, Inc., 2011 U.S. Dist. LEXIS 145666 (W.D. Mo. Dec. 19, 2011). Branson sued Jeff City, alleging breach of the construction contract for the project. The claims included improperly bedded
Court Rejects Pro Rata Allocation Formula
The Court considered how to allocate defense and indemnity responsibilities among various insurers in The Travelers Indem. Co. v. W.M. Barr & Co., No. 2:08-CV-02649 (D. Tenn. Nov. 28, 2011).
W. M. Barr manufactured a variety of solvents, removers, and other related products. Barr was sued in various lawsuits alleging injury resulting
Application of Efficient Proximate Cause Doctrine Supports Coverage
Relying on the efficient proximate cause doctrine, the court determined coverage potentially existed for damage caused by water. Union Sav. Bank v. Allstate Indem. Co., 2011 U.S. Dist. LEXIS 134398 (S.D. Ind. Nov. 21, 2011).
The Tods purchased property that was mortgaged by Union Savings. The Tods obtained a Landlords Policy for
Economic or Physical Loss Not Required to Recover Emotional Distress Damages Caused by Bad Faith
In perhaps its most significant insurance coverage decision since Young v. Allstate, 119 Haw. 403, 198 P.3d 666 (2008), the Hawaii Supreme Court ruled that an insured need not prove economic or physical loss caused by the insurer's bad faith in order to recover emotional distress damages. See Miller v. Hartford Life Ins. Co.
Florida Court Prevents Simultaneous Trial of Breach of Contract And Bad Faith Issues
Landmark American Insurance Company successfully moved to dismiss four of the insured's six counts. Landmark Am Ins. Co. v. Studio Imports, Ltd., Inc., Nos. 4D10-5001 and 4D10-5073 (Fla. Dist. Ct. App. Nov. 16, 2011). The trial court did not dismiss the breach of contract claim and the bad faith claim. Because both claims
Granting Stay, Federal Court Reviews Construction Defect Coverage in Hawaii
The federal district court ultimately stayed a construction defect case, but offered comments on the current status of coverage disputes for such defects in Hawaii. See National Union Fire Ins. Co. of Pittsburgh, Pa. v. Simpson Mfg. Co., 2011 U.S. Dist. LEXIS 128481(D. Haw. Nov. 7, 2011).
National Union filed a complaint for
All Risk Policy Only Covers Repair to Portion of Dock That Sustains Damage
A portion of a dock on Lack Michigan operated by the Ports of Indiana suffered visible damage. See Ports of Indiana v. Lexington Ins. Co., 2011 U.S. Dist. LEXIS 130979 (S.D. Ind. Nov. 14, 2011). Lexington Insurance Company insured the port. Lexington agreed that a portion of the dock was damaged and
Welcome to New Construction Blog
Congratulations to Anna Oshiro and Christi-Anne Kudo Chock, my Damon Key colleagues, who have rolled out their new blog, www.hawaiiconstructionlaw.com. Anna and Christi have a wealth of experience in construction law, litigating and arbitrating major construction-related cases, in addition to authoring articles and book chapters. We look forward to reading posts on
Eighth Circuit Remands To Determine Applicability of Collapse Exclusion
The Eighth Circuit determined a jury instruction regarding the applicability of the "all-risk" policy's exclusion for "collapse" was inadequate. See KAAPA Ethanol, LLC v. Affiliated FM Ins. Co., 2011 U.S. App. LEXIS 22158 (8th Cir. Nov. 3, 2011).
KAAPA had nine large, cylindrical, stainless steel tanks fabricated at its location. Soon after operations
Happy Birthday To Us!
We enter our fifth year of blogging this week. It has been an interesting journey, over 500 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 posting, and