The insureds extensively remodeled their home and installed decks from 1995 to 1996. See Sprague v. Safeco Ins. Co. of Am., 2010 Wash. App. Ct. LEXIS 2419 (Wash. Ct. App., Nov. 1, 2001). The decks were supported by "fin walls." In May 2008, the insureds discovered decay in the fin walls and filed
Agent’s Alleged Negligence In Discouraging Need For Flood Insurance Presents Factual Issue
When the insureds purchased their home along the Mississippi Gulf coast, they discussed obtaining property insurance with Richard Schmidt, a Nationwide insurance salesman employed by Felsher Insurance Agency. See Mladineo v. Schmidt, 2010 Miss. LEXIS 569 (Miss. Oct. 28, 2010). The insureds' complaint alleged they told Schmidt they desired a policy with full
Water Damage Occurring Simultaneously With Excluded Peril Is Not Ensuing Loss
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
Excluded Loss Does Not Constitute Resulting Loss
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 Make Three Years
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
Loss Resulting From Excluded Cause Is Not Ensuing Loss
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
Hawaii Auto Policy Entitles Insured To Uncapped Wage Loss Benefits
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
Policy Language Restricts Ongoing Damage to One Occurrence
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
Hawaii Federal Court Construes Competing “Other Insurance” Provisions
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
Payment to Settle Class Action is Insurable Loss to Insured Corporation
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