The Hawai`i Supreme Court recently affirmed the Intermediate Court of Appeal, deciding that a medical record review was not independent medical examination. See Gillian v. Government Employees Ins. Co., 2008 Haw. LEXIS 254 (Haw. Oct. 29, 2008). We reported on the ICA's decision here.
Gillian was injured in an auto accident while a passenger in
If attorney fees based on a percentage of damages are unreasonably low, should the court depart from the statutory percentage and award reasonable fees? The court did so in Murray v. Mariner Health and Ace USA, No. SC07-244, 2008 Fla. LEXIS 2011 (Fla. Oct. 23, 2008).
Petitioner, a nurse, sought workers compensation benefits
If a policy's deductible does not apply to "ensuing loss or damage," is indirect business interruption an ensuing loss? The court in RTG Furniture Corp. v. Industrial Risk Insurers, 2008 U.S. Dist. LEXIS 85237 (S. D. Fla. Oct. 9, 2008) faced this issue, noting it was a question of first impression nationwide.
The
Does the insured breach the policy by waiving the insurer's right to a credit for workers' compensation? In Travelers Prop. Cas. Co. of Am. v. ConocoPhillips Co., No. 06-15664 (9th Cir. Oct. 20, 2008), the Court held the policy was not breached by the insured's waiver.
During a fire at
The Indiana Supreme Court recently aligned itself with the Hawaii Supreme Court in deciding an insurance policy could not be assigned without the insurer's consent. Travelers Cas. and Sur. Co. v. United States Filter Corp., 2008 Ind. LEXIS 953 (Ind. Sup. Ct. Oct. 15, 2008). The holding in Travelers is consistent with the
In Southern Surgery Center, LLC v. Fidelity and Guaranty Ins. Co., 2008 U.S. Dist. LEXIS 79971 (S. D. Miss., Oct. 8, 2008), United States Fidelity and Guaranty Company ("USF&G") insured a building owned by Southern Development Resources, LLC ("SDR"). A different insurer, Fidelity and Guaranty Insurance Company, insured two other companies related
Does the insurer act in bad faith when there is no excess judgment against the insured? Further, is there bad faith when the insurer’s actions never resulted in the insured’s increased exposure to liability for more than the policy limits? These two issues confronted the Eleventh Circuit in Perera v. United States Fidelity
In today’s post, we return to the federal maritime doctrine of uberrimae fidei, previously reviewed here. Should the doctrine, which requires an insured to exercise the utmost good faith and disclose to the insurer all facts material to an insurance risk, apply when considering coverage under a marine policy? The Third
If, after being fully compensated for injuries, the insured assigns her rights to underinsured benefits to another insurer, is the insurer entitled to the insured’s right to benefits? The Hawaii Intermediate Court of Appeals answered no in AIG Hawaii Ins. Co. v. State Farm Ins. Co., No. 27789 (Haw. Ct. App. Oct.
If an insurer pays for repairs to a building based on the insured’s preliminary estimate of damage, does the insured have further obligations to pay for property damage? This was one of the issues in Chateau Argonne Condominium Assoc. v. State Farm Ins. Co., 2008 U.S. Dist. LEXIS 70917 (E.D. La. Sept.