As we noted in a prior post, the Hawaii Intermediate Court of Appeals recently decided that construction defects do not constitute an occurrence under a CGL policy. Citing the same Colorado Court of Appeals case that the Hawaii ICA found persuasive, the 10th Circuit certified a similar issue to the Colorado Supreme Court in Greystone
Insurer Must Defend Under Policy Providing Excess and Umbrella Coverage
Defense obligations under a policy containing umbrella and excess coverage were before the court in Legacy Vulcan Corp. v. The Superior Court, 184 Cal. App. 4th 285 (Cal. Ct. App. 2010).
Vulcan manufactured and sold perchloroethylene. The City of Modesto sued Vulcan, alleging that use of perchloroethylene by the dry cleaning industry
No Duty to Defend Additional Insured After Expiration of Franchise Agreement
Marriott entered a franchise agreement with Columbia Hotels. See Marriott Int'l, Inc. v. Amoco Ins. Co., 2010 U.S. Dist. LEXIS 53253 (W.D. Mo. May 28, 2010). In the agreement, Columbia agreed to "indemnify, defend and save harmless Marriott against all losses, damages, claims, . . . arising out of . . . the Franchised
Injury Arising Out of Insured’s Operations Invokes Coverage for Additional Insured
On the heels of a 2008 case involving a similar issue (Worth Constr. Co., Inc. v. Admiral Ins. Co. [prior post here]), the New York Court of Appeals was again confronted with questions regarding the scope of coverage for an additional insured in a construction context. See Regal Constr. Co. v. National Union Fire
Validity of Negligence Claim Against Broker Certified to Florida Supreme Court
In Tiara Condominium Assoc., Inc. v. Marsh & McLennan Co., Inc., 2010 U.S. App. LEXIS 10835 (5th Cir. May 27, 2010), it was unclear whether, under Florida law, the economic loss rule foreclosed claims for negligence and breach of fiduciary duty against the insurance broker. Accordingly, the Fifth Circuit certified the question to the Florida
Ninth Circuit Upholds Disability Award Issued in Arbitration
The insured cardiologist obtained a disability policy from Lloyd's in 1999. See Lagstein v. Certain Underwriters at Lloyd's, London, 2010 U..S. App. LEXIS 11836 (9th Cir. June 10, 2010). In the event of disability, Lloyd's agreed to pay the insured $15,000 per month for up to sixty months.
In 2001, the
Guest Post – Primer on Flood Insurance Coverage
Today's guest post is authored by Juanita Martinez, a financial writer offering solutions on insurance related matters. Based in Idaho, Juanita has been associated with the AmPmInsure Community since 2007. AmPmInsure (http://www.ampminsure.org/) is an online forum community where industry professionals provide insurance based solutions. With the onset of hurricane season, Juanita's post on
Duty to Defend Confirmed by Hawaii Appellate Court
Relying on well established Hawaii case law that the insurer must defend unless the underlying allegations demonstrate coverage is impossible, the Hawaii Intermediate Court of Appeals vacated the Circuit Court's order granting summary judgment to the insurer. See Island Ins. Co., Ltd. v. Arakaki, 2010 Haw. App. LEXIS 296 (Haw. Ct. App. June 16, 2010).
Supreme Court Decides Stop the Beach Renourishment Case
The Supreme Court issued its opinion this morning in Stop the Beach Renourishment v. Florida Department of Environmental Protection. The Court decided eight to zero that the Florida Supreme Court did not effect a judicial taking because the Florida law of accretion took into account that the littoral owners right to accretion was always
Hawai`i Appellate Courts Propose Rule Changes to Allow Electronic Filing
The Hawai`i Supreme Court seeks comments regarding proposed changes to the Hawai`i Rules of Appellate Procedure. [revised rules here]. The major change would allow electronic filing.
The Court invites public comment on the changes until Thursday, June 24, 2010. Comments may be mailed to the Judiciary Public Affairs Office at 417 South King Street