The Fifth Circuit affirmed the district court's granting the insurer's motion for summary judgment on the duty to defend, but reversed the district court's ruling that there was no duty to indemnify. Liberty Mut. Fire Ins. Co. v. Copart of Connecticut, Inc., 2023 U.S. App. LEXIS 18674 (4th Cir. July 31, 2023).
After Breaching Its Duty to Defend, Insurer Must Pay Market Rates for Defense Counsel
After breaching its duty to defend, the insurer could not take advantage of a California statute allowing insurers to establish rates for defense counsel. S. Cal. Edison Co. v. Greenwich Ins. Co., 2023 U.S. Dist. LEXIS 151695 (C.D. Cal. July 28, 2023).
Edison was an additional insured under a policy
Bad Faith, Emotional Distress Claims Reinstated Against Health Insurer
The Hawaii Intermediate Court of Appeals reversed the trial court's grant of summary judgment to the health insurer, reinstating the insured's claims for bad faith and emotional distress. Groeger v. Kaiser Foundation Health Plan, Inc., 2023 Haw. App. LEXIS 308 (Haw. Ct. App. Aug. 29, 2023).
In March 2012, Christian
Harvard’s Claim Rejected for Untimely Notice
Harvard College's claim for excess coverage was properly denied for failure to provide timely notice on a claims-made policy. President and Fellows of Harvard College v. Zurich Am. Ins. Co., 2023 U.S. App. LEXIS 20715 (1st Cir. Aug. 9, 2023).
Harvard had a one year liability policy with National Union
Insured’s Claim Against Broker Dismissed for Not Being Ripe
The insured hospital's claim against its broker for allowing a policy to lapse was dismissed on ripeness grounds. WakeMed v. Willis Towers Watson Southeast, Inc., 2023 U.S. Dist. LEXIS 139115 (W.D. N.C. Aug. 9, 2023).
WakeMed was a hospital system providing health services. WakeMed hired Willis Towers Watson Southeast Inc.
Tenth Circuit Reverses District Court’s Ruling that Contractor Entitled to a Defense
After the district court granted the insured contractor's motion for judgment on the pleadings on the duty to defend, the Tenth Circuit found there was no coverage and reversed. Owners Ins. Co. v. Greenhalgh Planning & Development, Inc., 2023 U.S. App. LEXIS 20137 (10th Cir. Aug. 4, 2023).
Greenhalgh remodeled
Maryland Federal Court Holds Appraisal Subject to Federal Arbitration Act
The Maryland Federal District Court granted the insured's motion to dismiss because the matter was appropriate for arbitration. Travelers Cas. Ins. Co. of Am. v. Papagiannopoulous, 2023 U.S. Dist. LEXIS 130876 (D. Md. July 27, 2023).
The insured's property was damaged by fire. A claim was filed with Travelers. Both
Insureds’ Experts Insufficient to Survive Insurer’s Motion for Summary Judgment
The magistrate recommended that insurer's motion for summary judgment be granted due to the insureds' expert's inability to present genuine issues of material fact. Walker v. Century Sur. Co., 2023 U.S. Dist. LEXIS 142408 (E.D. Texas July 17, 2023).
The insureds' property sustained damage from Hurricane Laura. Colonial Claims inspected
Maui Fire Claims Addressed on Think Tech Hawaii
Thank you to Think Tech Hawaii and my partner Na Lan for inviting me to discuss pursuing claims after the Lahaina fire. The video of the interview is here.
Certified Question Asks Hawaii Supreme Court to Determine Coverage for Allegations of Greenhouse Gas Emissions
The federal district court certified questions to the Hawaii Supreme Court regarding coverage for underlying allegations of greenhouse gas emissions. Aloha Petroleum, Ltd. v. Nat'l Union Fire Ins. Co. of Pittsburgh, 2023 U.S. Dist. LEXIS 156211 (D. Haw. Sept. 5, 2023).
Aloha was sued in two lawsuits, one filed by