You first notice the trees. Approaching Galveston on its main thoroughfare, Broadway Avenue, the trees still stand bare, stripped of all foliage after being seared all night one year ago by Ike's hurricane force winds.
Another thing my wife and I observed driving through Galveston this past Labor Day was the number of houses, seemingly on every
The subsidence and "your work" exclusions were before the court in Wilshire Ins. Co. v. RJT Construction, LLC, No. 08-50925, 2009 U.S. App. LEXIS 19409 (5th Cir. Aug. 26, 2009).
Wilshire insured RJT under two consecutive CGL policies from June 2004 to June 2006. In 1999, RJT repaired the foundation of the home after
In Schubert v. Chertoff, No. 07-5075, 2009 U.S. Dist. LEXIS 75835 (E.D. La. Aug. 26, 2009), the court considered whether the insured's failure to file a proof of loss for flood damage should be excused because two previous, untimely proofs of loss were accepted.
The insured had a Standard Flood Insurance Policy
Whether payment claims were preempted by ERISA was the issue in Lone Star OB/GYN Associates v. Aetna Health Inc., No. 08-50646, 2009 U.S. App. LEXIS 18572 (5th Cir. Aug. 18, 2009).
Aetna was the administrator of "employee welfare benefit plans" regulated by ERISA. Lone Star entered a provider agreement with Aetna and became a
This post is a bit far-fetched for an insurance law blog, but reports a significant event in our office because the three Damon Key bloggers teamed up to file an amicus brief today in Stop the Beach Renourishment, Inc. v. Florida Dep't. of Environmental Protection, No. 08-11, cert. granted June 15, 2009, [brief here]
Coverage for an underlying suit involving an alleged defective product was the issue in the detailed, narrative findings of fact and conclusions of law issued by the district court in National Union Fire Ins. Co. of Pittsburgh, Pa. v. Puget Plastics Corp., No. B-05-050, 2009 U.S. Dist. LEXIS 70723 (S.D. Tex. Aug. 12
In Century Surety Co. v. Hardscape Construction Specialties Inc., No. 06-10930 (5th Cir. Aug. 7, 2009) [here], the court considered whether the exclusion for assumed liability under a contract was applicable.
Hardscape contracted to construct a swimming pool facility for Hillwood Residential Services, L.P. Hardscape agreed to indemnify and hold
The Ninth Circuit held an insurer's computer-generated summaries of payments were admissible as a business record in U-Haul International v. Lumbermens Mutual Cas. Co., No. 07-16187, 2009 U.S. App. LEXIS 17889 (9th Cir. Aug. 12, 2009).
U-Haul had a primary policy with Republic Western up to a total limit of $7,000,000 per occurrence in
I was flying home from the mainland Monday and missed this article by Hawai`i Insurance Commissioner J. P. Schmidt in yesterday's Island Voices section of the Honolulu Advertiser. Commissioner Schmidt states much of what he shared with the Insurance Practice Group of the Hawai`i Bar Association in July [see post here]. According
In Pilkington N.A. Inc. v. Travelers Cas. & Sur. Co., No. 3:01CV7617, 2009 U.S. Dist. LEXIS 67291 July 27, 2009), the District Court determined there was coverage for a corporate successor under the predecessor's CGL policy after an asset transfer. We previously reviewed here various cases addressing the impact of the anti-assignment provision in CGL