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
Whether damage caused by rainwater escaping from a drainage system was excluded as "surface water" or flood was the issue before the court in M and M Corp v. Auto-Owners Ins. Co., 2010 S.C. LEXIS 326 (S.C. Oct. 11, 2010).
The insured owned a hotel located along a street that was being improved by
An upcoming article in the Pace Law Review will address the use of social networking in insurance and worker's compensation litigation. The abstract and draft article are here. The article addresses the intersection of professional responsibility, discovery, privacy, and evidence with social networking in state workers’ compensation systems.
Thanks to the authors
A thoughtful opinion concerning the allocation of indemnity obligations between an insurance company and a policyholder was rendered in Peabody Essex Museum, Inc. v. United States Fire Ins. Co., 2010 U.S. Dist. LEXIS 106275 (D. Mass. Sept. 30, 2010).
At some point over the last several decades, an oil tank on the
The insurer's motion for summary judgment, seeking to deny coverage for an additional insured, was rejected in York Hunter Constr. Serv., Inc. v. Great Am. Custom Ins. Serv., Inc., 2010 N.Y. Misc. LEXIS 4513 (N.Y. Sup. Ct. Sept. 17, 2010).
A plumber was injured on the job site when his foot got
The Indiana Supreme Court has now weighed in on liability coverage for construction defects and has decided faulty workmanship with unforeseen consequences is an occurrence. See Sheehan Construc. Co. Inc. v. Continental Cas. Co., 2010 Ind. LEXIS 557 (Ind. Sept. 30, 2010).
Sheehan was the general contractor for construction of homes in a residential subdivision
Today's post departs slightly from insurance coverage matters, but is related to a prior post discussing the pursuit of intentional torts against insurers administering claims under the Longshore Harbor and Workers Compensation Act ("LHWCA"). The prior post described an article authored by my blogging colleague, Mark Murakami (hawaiioceanlaw.com), and me, noting that an exclusive remedy
A prior post [here] discussed the Fifth Circuit's grappling with the proper measurement for covering loss of a home due to Hurricane Katrina. On rehearing, the Fifth Circuit altered its prior determination that the policy's loss provision was ambiguous. See Bradley v. Allstate Ins. Co., 2010 U.S. App. LEXIS 19476 (5th Cir. Sept.
The American Samoa Power Authority (ASPA) recently filed suit against Lloyd’s and HCC International Insurance Company for failure to provide coverage for property loss caused by the earthquakes and tsunamis that struck the area in September 2009. See Am. Samoa Power Authority v. Certain Underwriters at Lloyd’s London, et al., Civil No. 10-00546 ACK-KSC