When sued by its insured, the health insurer sought to compel arbitration as part of the procedures under its policy for contesting a denial of coverage. In an opinion authored by newly seated Judge Ginoza, the Hawaii Intermediate Court of Appeals affirmed denial of the motion to compel because the insured's lawsuit was based on tort, not coverage
Fifth Circuit Certifies Question to Louisiana Supreme Court on Assignment of Policies
The Fifth Circuit asked the Louisiana Supreme Court whether a policy's anti-assignment clause prohibited post-loss assignments of policy rights. See In Re: Katrina Canal Breaches Litigation, 2010 U.S. App. LEXIS 15603 (5th Cir. July 28, 2010).
After Hurricanes Katrina and Rita, Louisiana distributed federal funds to homeowners under its "Road Home" program for repair
We Make the Top 50 Insurance Blogs!
On a typical day, we hope there are only a few insurance-related blogs out there in cyberspace. The less the competition, the greater the chance the reader will come our way.
But today, let there be multitudes of insurance blogs, layers and layers of them. Among the "hundreds" of insurance blogs out there
Defense Owed Based on Underlying Pleadings and Insurer’s Lack of Evidence
Whether the insurer can escape the duty to defend based on allegations in its complaint for declaratory relief was the issue in General Ins. Co. of Am. v. Clark Mall Corp., 2010 U.S. Dist. LEXIS 74880 (N.D. Ill. July 26, 2010).
The underlying plaintiffs lost property in a fire at a mall owned by the insureds. The
Insurer’s Motion to Void Policy for Misrepresentation Fails
If the insured misrepresents that it owns the insured property, can the insurer void the policy? In Grenoble House Hotel v. Hanover Ins. Co., 2010 U.S. Dist. LEXIS 75355 (E.D. La. July 26, 2010), the court denied the insurer's motion for summary judgment seeking to void the policy on misrepresentation grounds.
Hanover
Neither Hold Harmless Agreement Nor Certificate of Insurance Creates Coverage
A hold harmless agreement and certificates of insurance failed to convey additional insured status under the policy in Pina v. Dora Homes, Inc., 2010 U.S. Dist.LEXIS 73941 (E.D. N.Y. July 22, 2010).
Several defendants responsible for construction at the site entered a hold harmless agreement with Choray Construction Corporation. The agreement stated Choray
Multiple Acts of Negligence Combining to Produce A Single Result Constitutes One Occurrence
Whether a multiple vehicle accident creates separate occurrences, thereby increasing policy limits, was the issue in Auto-Owners Ins. Co. v. Munroe, 2010 U.S. Dist. LEXIS 15062 (7th Cir. July 22, 2010).
Three trucks owned by Wayne Wilkins Trucking were traveling the highway in convoy. All trucks were covered under a single policy
Damon Key Bloggers Author Essay on Stop the Beach Renourishment
The Damon Key bloggers have teamed again to draft an essay on Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection, No. 08-22 (June 17, 2010). The article, authored primarily by Robert Thomas, (inversecomdemnation.com), with some assistance from Mark Murakami (hawaiioceanlaw.com) and me, gives our impressions and thoughts
Oral Agreement to Add Named Insured Insufficient to Impose Coverage
Whether an oral agreement to name a subcontractor as an additional insured under the policy provided coverage to the subcontractor was the issue in Palmer v. Martinez, 2010 La. App. LEXIS 1049 (La. Ct. App. July 21, 2010).
The plaintiff was employed by A.T. Martinez ("ATM") as a logging truck driver. ATM
Duty to Defend Encompasses Pre-Litigation Dispute Proceedings
In a case of first impression before the California appellate courts, the duty to defend was deemed to include statutorily required pre-litigation proceedings. See Clarendon Am Ins. Co. v. Starnet Ins. Co., 2010 Cal. App. LEXIS 1224 (Cal. Ct. App. July 27, 2010).
Simplifying the facts, a homeowners association served notice upon