The insured's claim for business interruption losses resulting from the city's vacate order was not covered as an ensuing loss in Rapid Park Indus. v. Great N. Ins. Co., 2010 U.S. Dist. LEXIS 115747 (S.D.N.Y. Oct. 15, 2010).
The insured leased a parking garage. Great Northern insured the premises under a business owners' policy. The policy
The collapse of shoring equipment raised the issue of whether loss of the concrete slab it supported was covered as a resulting loss. The court answered no in Vision One, LLC v. Philadelphia Indemn. Ins. Co., 2010 Wash. App. LEXIS 2322 (Wash. Ct. App. Oct. 19, 2010).
A structural engineer examined the
We survived another year. We've reached the three year anniversary of insurancelawhawaii.com. We appreciate the increasing number of visits to our site and the various comments being submitted.
No doubt, blogging is a time-consuming venture, as we seek to maintain content that is fresh and updated. Blogging is not a bad learning tool, however, as we attempt to keep abreast of insurance issues
Preparing for a presentation at the March 2011 ABA, Insurance Coverage Litigation Committee's seminar, my Lexis search function is set to find cases on ensuing loss. One such find was TMW Enter., Inc. v. Federal Ins. Co., 619 F.3d 574 (6th Cir. 2010).
TMW purchased a recently constructed condominium and retail building. TMW
The insured was injured in an auto accident on the Big Island on March 26, 1998. See First Ins. Co. of Hawaii, Ltd. v. Dayoan, Sr., 2010 Haw. App. LEXIS 697 (Haw. Ct. App. Nov. 18, 2010). He was covered by a Personal Auto Policy issued in February 1998 by First Insurance. The policy
Are construction defects that allegedly result in water intrusion and property damage over several policy periods the result of one occurrence or multiple occurrences? This was the issue under consideration in Bayley Constr. v. Am Guar. and Liab. Ins. Co., 2010 U.S. Dist. LEXIS 110767 (W.D. Wash. Oct. 15, 2010).
Bayley Construction
If the insured's two carriers both have "other insurance" provisions, which policy is primary and which is excess. The federal district court sorted through this issue in Nautilus Ins. Co. v. Lexington Ins. Co., 2010 U.S. Dist. LEXIS 120883 (D. Haw. Nov. 15, 2010).
In July 2007, Kila Kila Builders, a subcontractor, and VP&PK
After settling a shareholder class action, Genzyme Corporation was denied coverage for its payment under its corporate and director and officer liability policy with Federal Insurance Company. Genzyme Corp. v. Federal Ins. Co., 2010 U.S. App. LEXIS 21079 (1st Cir. Oct. 13, 2010). The district court held Genzyme's loss was not insurable as
The Ninth Circuit ruled that the insurer providing a defense in a trademark infringement case was entitled to equitable contribution from another insurer that improperly refused to defend. See Hudson Ins. v. Colony Ins., No. 09-55275 (9th Cir. Nov. 5, 2010)[here].
In the underlying suit, NFL Properties LLC accused All Authentic Corporation of
Thanks to the Health Express, a blog addressing health and medical information, for informing us we are among the Top 50 Health Insurance Blogs [post here]. The Health Express post states, "Hawaiian clients benefit from the expertise and diverse backgrounds of this Damon Key Leong Kupchak Hastert blog."
Thanks for the notice and