Most of our prior posts regarding the efficient proximate cause doctrine arise from cases in Mississippi and Louisiana, two states heavily impacted by Hurricane Katrina. See, e.g. posts here, here, and here. Considering some creative arguments, the Sixth Circuit recently weighed in on the applicability of the efficient proximate cause doctrine under Michigan
Washington Court Allows Bad Faith Action for Delay Even if No Coverage
In a decision policy holders will appreciate, the Washington Supreme Court recently held the insured could pursue bad faith claims for delay in processing the claim even when there is no coverage under the policy. See St. Paul Fire and Marine Ins. Co. v. Onvia, Inc., 2008 Wash. LEXIS 1055 (Wash. Nov. 26, 2008).
The
Does Homeowner Have a Cause of Action for Incorrect Flood Zone Determination?
Two recent cases address a homeowner's ability to sue for an incorrect flood zone determination. Both cases confirmed the homeowner has no private cause of action under the National Flood Insurance Program for an alleged inaccurate flood determination. The door was left open, however, for state, common law claims under Mississippi law.
In the
Supreme Court Grants Cert. in Bankruptcy Case with Insurance Connotations
The Supreme Court recently granted certiorari in Travelers Indemnity Co. v. Baily, Case No. 08-295 (cert. granted Dec. 12, 2008). Although Travelers is a bankruptcy case, it addresses whether a settlement with an insured and its insurers bars future direct action claims against the insurance companies.
The insured, Johns-Manville Corporation, was reorganized in 1986 under protection of the
More on Corban Case and Anti-Concurrent Causation Clause
Our post last week (here) discussed Corban v. USAA, a case before Mississippi Supreme Court presenting an opportunity for the court to address the validity of the anti-concurrent causation clause under state law. Subsequently, slabbed.com, a Mississippi based-blog, put up a post (here) with additional background on the Corban case, including some of
Timeliness of Insurer’s Disclaimer Raises Issue of Fact
If an insured fails to cooperate with the insurer's attempt to defend, what must the insurer do to disclaim coverage? In Continental Casualty Co. v. Stradford, 2008 N.Y. LEXIS 3387 (N.Y. Ct. App. Nov. 25, 2008), the court considered whether the insurer's disclaimer to an uncooperative insured was timely.
The insured was a dentist
Mississippi Supreme Court to Decide Validity of Anti-Concurrent Causation Clause
A case before the Mississippi Supreme Court asks whether the anti-concurrent causation clause in homeowners policies is ambiguous. See Corban v. United Services Automobile Association, No. 2008-M-645 (Miss.). The appeal criticizes and asks the Mississippi court to depart from holdings in the trio of Hurricane Katrina cases decided by the Fifth Circuit:
We Reach A Milestone
Insurancelawhawaii.com celebrates its one year anniversary today. A majority of blogs fold within one year, so we apparently beat the odds.
It has been an interesting, informative year of blogging. We strive to keep abreast of insurance developments in Hawai`i and elsewhere in order to fill space in this corner.
Co-founder and fellow author Robert Harris recently left
Dollar Limitation for Mold Coverage Upheld
A property policy's limitation on mold coverage was challenged in MMI Reality Serv., Inc. v. Westchester Surplus Lines Ins. Co.,Civ . No. 07-00466, 2008 U.S. Dist. LEXIS 93653 (D. Haw. Nov. 17, 2008).
Kahala Mall in Honolulu suffered flood damage after the severe rains of March 2006. The Mall was insured by Westchester
Hawai`i Court Finds Duty to Defend Allegations of Defamation, Assault and Battery
In Allstate Ins. Co. v. Gadiel, Civ. No. 07-00565, 2008 U.S. Dist. LEXIS 90923 (D. Haw. Nov. 7, 2008), the court considered whether Allstate must defend a landlord in an action filed by his tenant.
The tenant alleged assault and battery, defamation, and intentional and negligent infliction of emotional distress. Based on the homeowner's