How long can an insurer wait after denying coverage before insisting upon an appraisal? In Sanchez v. Prop. and Cas. Ins. Co. of Hartford, No. H-09-1736, 2010 U.S. Dist. LEXIS 6295 (S.D. Tex. Jan. 27, 2010), waiting eleven months after a coverage dispute became clear waived the insurer's right to invoke an appraisal.
The insured's home was
The insureds' negligence claim against the insurer for failing to recommend the purchase of business interruption insurance survived the insurer's motion for partial summary judgment in St. Augustine High School v. Underwriters at Lloyd's of London, No. WMN-08-CV-2518, 2010 U.S. Dist. LEXIS 6570 (D. Md. Jan. 27, 2010).
St. Joseph Society was
An informative teleconference on Claims-Made policies was recently hosted by Strafford. Here are some take-away points.
The ABA, Section of Litigation, Insurance Coverage Litigation Committee's annual insurance seminar will be held again this year in Tucson from March 4-6, 2010. As always, this year's conference will offer a number of informative, cutting edge sessions on a variety of insurance-related topics. Participants from across the country with varying perspectives on insurance coverage will attend.
The insureds' property was rented from the State of Hawai`i . See State Farm Fire and Cas. Ins. Co. v. Ramirez, No. 08-00557, 2010 U.S. Dist. LEXIS 5045 (D. Haw. Jan. 22, 2010). The insureds and the State were sued by neighbors for a dumpsite/landfill maintained on the property. The underlying complaint alleged the
This cases touches on both maritime law and insurance coverage. Therefore, the initial question was which office blog should do the post: our blog or hawaiioceanlaw.com, authored by Damon Key blogging colleague, Mark Murakami? Easily resolved: Mark found the case, but passed it on to us.
In Fireman's Fund Ins. Co. v. Sneed's Shipbuilding, Inc.
A psychologist was entitled to coverage after the court determined the professional liability policy's Knowing Wrongful Act Exclusion was ambiguous. See Am. Home Assurance Co. v. Pope, No. 08-2848, 2010 U.S. App. LEXIS 516 (8th Cir. Jan. 11, 2010).
Sparing you of the tortuous procedural history (running on three tracks: arbitration; up and
Damon Key construction lawyers Ken Kupchak, Anna Oshiro, Michael Yoshida, Christi-Anne Kudo Chock, and yours trulyteamed together to draft the Hawai'i chapter of the ABA's recently published, "A State-by-State Guide to Construction & Design Law" (2nd ed.). The treatise, first published in 1998, serves as a practical guide for
Is an insurer exposed to bad faith if it relies upon its own mistake to withhold payment under the policy? The court answered yes in Lundy Enterprises, LLC v. Wausau Underwriters Ins. Co., No. 06-3509, 2009 U.S. Dist. LEXIS 121295 (E.D. La. Dec. 30, 2009).
Wausau provided commercial property coverage for the insured's
Coverage for the auto policy holder's daughter was at stake in Morrison v. Secura Ins., No. 286936, 2009 Mich. App. LEXIS 2694 (Mich. Ct. App. Dec. 29, 2009).
In April 2006, the insured's daughter struck plaintiffs' motorcycle with her Chevrolet Cavalier, causing serious injury to the plaintiffs. The auto policy listed the mother