After the trial court determined the insurers had no coverage obligations for alleged construction defects, a ruling that was subsequently reversed, it was still possible to demonstrate the insurers acted in bad faith. See Lennar Corp. v. Transamerica Ins. Co., 2011 Ariz. App. LEXIS 123 (Ariz. Ct. App. July 5, 2011).
Lennar oversaw
“Insurance Bad Faith Claims” will be the title of the seminar at which I will be a co-presenter on August 18, 2011. The seminar is hosted by Sterling Education Services. My topics will be: (1) the development of the tort of bad faith; and (2) the elements of a bad faith case.
Registration
The insured was a developer of a residential project. Mid-Continent Cas. Co. v. Siena Home Corp., 2011 U.S.Dist. LEXIS 79132 (M.D. Fla. July 8, 2011). The homeowners filed suit, alleging their homes had defectively constructed exterior wall assemblies which allowed moisture and water to penetrate.
Mid-Continent filed suit for a declaratory judgment
Interpreting Missouri law, a federal district court determined that property damage arising from faulty workmanship did not arise from an occurrence. Employers Mut. Casualty Co. v. Luke Draily Constr. Co., 2011 U.S. Dst. LEXIS 69929 (W.D. Mo. June 29, 2011).
Draily Construction Company was hired as general contractor on a hotel construction
Our prior post reported on the Fifth Circuit's certified question to the Louisiana Supreme Court regarding anti-assignment provisions in policies assigned to the State. Louisiana distributed funds from the "Road Home" program to Louisiana homeowners to repair uninsured and under-insured property damaged by hurricanes. Before funds were issued, the homeowners had to sign a
A general contractor was entitled to a defense as an additional insured when the underlying complaint did not allege it was solely negligent. A-1 Roofing Co. v. Navigators Ins. Co., 2011 Ill. App. LEXIS 656 (Ill. Ct. App. June 24, 2011).
A-1 was the general contractor for a roof resurfacing job at
The homeowners sued their contractor, alleging the contractor had defectively constructed and failed to complete their home. State Farm Fire and Casualty Co. v. Vogelgesang, 2011 U.S. Dist. LEXIS 72618 (D. Haw. July 6, 2011). The homeowners' complaint pled, among other things, damage caused by breach of contract and negligence. State Farm agreed to
In a brief decision analyzing Oregon law, the Ninth Circuit determined that once an insurer breaches its duty to defend, it must indemnify. See Desrosiers v. Hudson Speciality Ins. Co., 2011 U.S. App. LEXIS 12591 (9th CIr. June 21, 2011).
The victim secured a judgment against the insured after he was beaten
When the Hawaii State legislature ended its session in May, we reported here on the insurance-related bills that passed. The Governor had until July 12, 2011, to sign pending legislation.
In looking back, we see that the Governor signed all of the insurance-related bills passed in recent legislative session. This includes HB 924
Although the insurer paid for some of the mold damage at the insured's home, the Fifth Circuit eventually determined the homeowner's policy did not cover such damage. Rooters v. State Farm Lloyds, 2011 U.S. App. LEXIS 12306 (5th Cir. June 15, 2011).
The policy excluded loss caused by hail to personal property