Interesting read from the Insurance Technology website [here]. The article states what appears to be the obvious. In the aftermath of Hurricane Irene, the insurer may be less than accommodating when claims are reported and adjusted. The article reports that not every claim becomes a nightmare. But, "[w]ith more than a million homeowner claims and
Insurance Fallout from Hurricane Irene
As noted in today's Christian Science Monitor [here], the insurance implications for losses caused by Hurricane Irene will be tempered by at least two factors. First, much of the damage was caused by flood, a peril not covered under a home owner's or commercial property policy. Only if the insured has additional
Coverage for Construction Defects Barred by Business Risk Exclusions
Although the court determined there was an occurrence, coverage was excluded by the business risk exclusions. See Cont'l W. Ins. Co. v. Shay Constr. Co., 2011 U.S. Dist. LEXIS 82839 (D. Colo. July 28, 2011).
White was the general contractor on the project. White had three subcontracts with Shay to provide framing, siding, and
Hawaii State Bar Association Adds Appellate Section
Congratulations to my Damon Key blogging colleague, Rebecca Copeland, who has successfully steered the formation of an Appellate Section of the Hawaii State Bar Association. The HSBA Board approved the new section yesterday. Read more on Rebecca's blog, www.recordonappeal.com.
Competing “Other Insurance” Provisions Considered to Determine Coverage Obligations
Wright-Ryan was hired as the general contractor to construct a building at the University of Southern Maine. Wright-Ryan Constr., Inc. v. AIG Ins. Co. of Canada, 2011 U.S. App. LEXIS 15502 (1st Cir. July 27, 2010). Wright-Ryan subcontracted with Norgate Metal, Inc. for the fabrication and erection of structural steel for the project. Norgate
“Other Insurance” and Indemnity Provisions Determine Which Insurer Must Cover
A policy's "other insurance" clause and a contractual indemnity provision were at the root for determining which of two insurers had to cover for injuries at a construction site. Valley Forge Ins. Co. v. Zurich Am. Ins. Co., 2011 U.S.Dist. LEXIS 76061 (N.D. Calif. July 14, 2011).
Hathaway was the general contractor at a demolition
Bad Faith Seminar a Success
Thanks to all who attended yesterday’s seminar on Insurance Bad Faith Claims in Waikiki, hosted by Sterling Education Services. We had an astute, engaged audience, which made the event a success.
Attached is the Bad Faith Power Point for my topics, Development of the Tort of Bad Faith and Elements of a
Deliberate Act with Unintended Consequences is Not an Occurrence
The insurer had no duty to defend when the insured struck a friend while engaged in horseplay. State Farm General Ins. Co. v. Frake, 2011 Cal. App. LEXIS 911 (Cal. Ct. App., certified for publication July 13, 2011).
The insured, Frake, struck his friend, King, in the groin. King filed suit, alleging negligence and assault
Condominium Exclusion Bars Coverage for Construction Defect
Coverage was denied under the policy's condominium exclusion in California Traditions, Inc. v. Claremont Liability Ins. Co., 2011 Cal. App. LEXIS 912 (Cal. Ct. App., ordered published July 11, 2011).
California Traditions was the developer and general contractor for a housing development. California Traditions subcontracted with Ja-Con to perform the rough framing work for 30 residential
Installation of Chinese Drywall Constitutes Separate Occurrence in Each Home
Coverage for damage caused by the installation of Chinese drywall was the issue in Dragas Mgt. Corp. v. Hanover Ins. Co., 2011 U.S. Dist. LEXIS 80178 (E.D. Va. July 21, 2011).
Dragas built housing developments. Dragas hired Porter-Blaine Corp. to supply and install drywall for the homes in two of its developments.