The insured's failure to verify that subcontractors had CGL policies and to provide a contract stating that the subcontractors would indemnify the insured as required by the policy's endorsement meant there was no coverage for the insured. Cincinnati Spec. Underwriters Ins. Co. v. Milionis Constr., Inc., 2018 U.S. Dist. LEXIS 199658 (E.D.
Insured’s Striking Multiple Vehicles Constitutes One Occurrence under Texas Law
Reversing the district court, the Fifth Circuit found one occurrence after the insured's truck struck multiple vehicles. Evanston Ins. Co. v. Mid-Contenint Cas. Co., 2018 U.S. App. LEXIS 32722 (5th Cir. Nov. 19, 2018).
An employee of Global Waste Services, LLC, Marlon Diggs, lost control of his Mack truck. At
Deterioration Known To Insured Forecloses Collapse Coverage
The insurer properly denied coverage for collapse of a building when the insured knew from an expert’s examination that the walls of his house were deteriorating. Jaimes v. Liberty Ins. Corp., 2018 U. S. Dust. LEXIS 198224 (D. Colo. Nov. 21, 2018).
The insured discovered a crack in the wall of his
Eighth Circuit Affirms Judgment for Bad Faith after Insured’s Home Destroyed by Fire
The Eighth Circuit affirmed the district court's judgment that the insurer acted in bad faith when it denied the insured's claim based upon misrepresentations in the application after destruction of his house by fire. Hayes v. Metropolitan Pro. and Cas. Ins. Co., 2018 U.S. App. LEXIS 31813 (8th Cir. Nov. 9, 2018).
Certified Question Asks Washington Supreme Court Whether Insurer is Bound by Contradictory Certificate of Insurance
The Ninth Circuit certified a question to the Washington Supreme Court as follows:
Under Washington law, is an insurer bound by representations made by its authorized agent in a certificate of insurance with respect to a party's status as an additional insured under a policy issued by the insurer, when the certificate includes language disclaiming
Forest Fire Constitutes One Occurrence
The Wisconsin Supreme Court determined that a fire damaging several properties arose from one occurrence. Secura Ins. v. Lyme St. Croix Forest Company, LLC., 2018 Wis. LEXIS 579 Oct. 30, 2018).
A fire broke out on forest land owned by Lyme St. Croix Forest Company. Known as the "Germann Road
We Hit Eleven Years of Blogging
Insurance Law Hawaii hit eleven years of blogging last week. We started in December 2007, 1251 posts ago. Blogging has served as a invaluable self-education on multiple coverage issues in an effort to keep abreast of the constantly changing landscape. We hope readers have found the posts to be useful and informative.
Claims Against Agent Rejected
The court granted the agent's motion for summary judgment, rejecting the insureds' claim that he negligently failed to obtain snow-ice coverage for two new chicken houses. Slaubaugh Farm, Inc v. Farm Family Cas. Ins. Co., 2018 Del. Super. LEXIS 1144 (Del. Super. Ct. Oct. 29, 2018).
The plaintiffs purchased a
Anti-Concurrent Causation Clause Preserves Possibility of Coverage
The policy's anti-concurrent causation clause preserved the possibility of coverage when the insurer's motion for summary judgment to disclaim its indemnity obligation for damage caused by Hurricane Sandy was overturned by the Second Circuit. Madelaine Chocolate Novelties, Inc. v. Great Northern Ins. Co., 2018 U.S. App. LEXIS 29821 (Oct. 23, 2018 2nd
Connecticutt Class Action on Collapse Claims Faces Motion to Dismiss
The federal district court dismissed some insurers from a class action suit alleging failure to provide coverage for collapse claims. Halloran v. Harleysville Preferred Ins. Co., 2018 U.S. Dist. LEXIS 179807 (D. Conn. Oct. 19, 2018).
A class of homeowners brought suit in 2016 against their homeowners insurance companies ("defendants")