Although the excess insurer sought a narrow reading of "additional insured," the policy's failure to define the coverage allowed a broad reading of the term in Kerrigan v. RM Associates, Inc., No. 100316/08, 2009 N.Y. App. Div. LEXIS 9517 (N.Y. App. Civ. Dec. 29, 2009).
The decedent was killed in a construction accident.
The insured's home was extensively damaged by wind and rain resulting from Hurricane Katrina. See Belonga v. Auto Club Family Ins. Co., No. 09-476, 2009 U.S. Dist. LEXIS 118643 (E.D. La. Dec. 21, 2009). When purchased in 2003, the home was appraised at $114,000. An adjuster addressing the insured's flood claim reported, however, the home had
The applicability of a policy's land subsidence exclusion was considered by the court in City of Carlsbad v. Insurance Co. of the State of Pennsylvania, No. D053843, 2009 Cal. App. LEXIS 2025 (Cal. Ct. App. Dec. 17, 2009).
The insured City of Carlsbad negligently maintained and repaired a fire hydrant and water line
The Texas Supreme Court recently held that an insurer may have a duty to indemnify even if the duty to defend never arises. See D.R. Horton-Texas, Ltd. v. Markel Int'l Ins. Co, Ltd., No. 06-1018, 2009 Tex. LEXIS 1042 (Tex. Dec. 11, 2009).
The homeowners purchased their house from D.R. Horton. After moving
Allegations in the underlying complaint proved crucial in analyzing coverage for an additional insured under Texas' eight-corners rule. See The Burlington N. and Santa Fe R. R. Co. v. National Union Fire Ins. Co. of Pittsburgh, Pa., No. 08-06-00022CV, 2009 Tex. App. LEXIS 9347 (Tex. Ct. App. Dec. 9, 2009).
The railroad entered
If the insurer pays for adjusted flood damage, can the insured sue for additional coverage when no proof of loss is filed? Following its own precedent, the Fifth Circuit determined no coverage was due above the adjusted amount when the insured failed to file a proof of loss ("POL"). See Talbott v. Fidelity Nat. Ins. Co.
No substantive post today. All of the research/writing elves here at insurancelawhawaii.com, save one, have the rest of the week off.
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Complicated facts but easily understood legal standards were presented in Breaux v. Halliburton Energy Serv., Inc., No. 04-1636, 2009 U.S. Dist. LEXIS 112374 (E.D. La. Dec. 2, 2009).
Era Aviation, Inc., a subsidiary of Rowan Companies, Inc., transported oil field workers by helicopter to an offshore drilling vessel in the Gulf owned by Unocal.
The insured's Standard Flood Insurance Policy (SFIP) was issued by Allstate, a Write-Your-Own carrier participating in the National Flood Insurance Program (NFIP). See Borden v. Allstate Ins. Co., No. 08-30515, 2009 U.S. App. LEXIS 25599 (5th Cir. Nov. 20, 2009). After suffering flood damage from Hurricane Katrina on August 20, 2005, the insured
The Fourth Circuit recently asked the West Virginia Supreme Court of Appeals whether a state law stating that contract rights vest in the survivor of a merger nullified a non-assignment provision in an auto policy that was transferred to a successor corporation. See State Auto Prop. and Cas. Ins Co., No. 08-1481, 2009