We reported here that the Hawaii Supreme Court granted certiorari in Kim v. Liberty Mutual Fire Ins. Co. The Supreme Court has now granted certioari in a companion case, Ahn v. Liberty Mutual Fire Ins. Co.
As in Kim, the issue in Ahn is whether Haw. Rev. Stat. 431:10C-308.5(e) overruled
If the insurer notifies the insured it intends to settle a claim, but will then seek reimbursement if the claim is not covered, can the insured avoid having to reimburse the insurer? The California Court of Appeal answered no in Am. Modern Home Ins. Co. v. Fahmian, 2011 Cal. App. LEXIS 420 (Cal.
In January, we reported on the Hawaii Intermediate Court of Appeal's decision in Kim v. Liberty Mutual Fire Ins. Co., 124 Haw. 415, 245 P.3d 488 (Haw. Ct. App. 2010) (prior post here). The ICA determined that legislation had overruled the Supreme Court's decision in Wilson v. AIG, 89 Haw. 45, 968
After being sued for failure to secure a policy, the insurance agents sought dismissal of the insured's suit on statute of limitations ground. Kelly v. Lodwick, 2011 Fla. App. LEXIS 4810 (Fla. Ct. App. April 6, 2011).
A private school was notified its policy would not be renewed after it lapsed on
Lost business opportunities after Hurricane Katrina hit was the issue before the court in Safeguard Storage, Properties, L.L.C. v. Donahue Favret Contractors, Inc., 2011 La. App. LEXIS 391 (La. Ct. App. March 31, 2011).
Safeguard planned to develop a minimum of twelve to fifteen new self-storage locations each year for several years. Market
Whether a contractor who failed to complete construction of a home had coverage for alleged construction defects was at issue in Clarendon Am. Ins. Co. v. Gen. Sec. Indem. Co. of Arizona, 2011 Cal. App. LEXIS 377 (Cal. Ct. App. March 2, 2011).
Hilmor Development contracted with the homeowners to serve as general contractor
Among the range of issues addressed by the court was an ensuing loss provision in Five Star Hotels, LLC v. Ins. Co. of Greater New York, 2011 U.S. Dist. LEXIS 31313 (S.D. N.Y. March 24, 2011).
In December 2005, Five Star installed an upgraded automatic sprinkler system in each room of its
Cases:
• St. Paul Fire & Marine Ins. Co. v. Bodell Construction Co., No. SCCQ-22-0000658, 2023 Haw. LEXIS 194 (Haw. Nov. 14, 2023) – On a certified question from the federal district court, the Hawaii Supreme Court holds the insurer has no right to reimbursement of defense costs for uncovered claims
• Adams
Although the commercial auto policy excluded coverage for the named insured, coverage was still possible for the additional insured. Great West Casualty Co. v. Terminal Trucking Col., LLC, 2011 U.S. Dist. LEXIS 30356 (D. S.C. March 22, 2011).
Wellman, Inc. sold bales of polyester fiber to Milliken & Company. Wellman contracted with
The court denied cross motions for summary judgment, deciding there were genuine issues of material fact regarding the applicability of both the exclusion for vandalism and the ensuing loss provision. See New London County Ins. Co. v. Zachem, 2011 Conn. Super. LEXIS 381 (Conn. Super. Ct. Feb. 18, 2011).
Vandals broke into the