In a case involving the sealing of records generated by an insurance company, the Hawaii Intermediate Court of Appeals found that communications between the insurer and its in-house counsel were not privileged and should not be sealed. Roy v. Government Employees Ins. Co., 2023 Haw. App. LEXIS 13 (Haw. Ct. App. Jan.
Automobile
Injured Parties Granted Right to Intervene in Insurer’s Coverage Action
By Tred R. Eyerly on
The federal district court granted the injured parties' motion to intervene in the insurer's coverage action because there was a protectable interest in being compensated for their injuries. Island Premier Ins. Co. v. Campus, 2022 U.S. Dist. LEXIS 179787 (D. Haw. Sept. 30, 2022).
Defendant Terrence Campos was involved in…
Insurer’s Motion To Dispose of Bad Faith Claim Fails
By Tred R. Eyerly on
The court denied the insurer's motion for partial summary judgment seeking to dismiss the insured's claim for bad faith in handling his claim. Davis v. Allstate Indem. Co., 2022 U.S. Dist. LEXIS 93475 (C.D. Cal. April 15, 2022).
On February 5, 2012, Terry Davis had an auto policy with Allstate…
Hawaii Supreme Court Confirms Insured’s Right to Amend Complaint
By Tred R. Eyerly on
The Hawaii Supreme Court reversed the lower courts' denial of the insured's motion for leave to amend despite its being filed several years after the initial complaint. Carvalho v. AIG Hawaii Ins. Co., 2022 Haw. LEXIS 3 (Haw. Jan. 11, 2022).
Royden Kalavi died in an auto accident on September 23, 2005. The personal…
Denial of Bad Faith Claims Reversed and Remanded
By Tred R. Eyerly on
The Kentucky Supreme Court reversed the court of appeals' affirmance of the trial court's denial of bad faith claims. Nichols v. Zurich Am. Ins. Co., 630 S.W. 3d 683 (Ky. 2021).
Miller Pipeline Corporation had a commercial fleet policy with Zurich. The policy provided UIM coverage of $1,000,000.
…
Rule 30 (b) (6) Deposition of Insurer Representative Ordered to Go Forward
By Tred R. Eyerly on
The Texas Supreme Court ordered that a Rule 30 (b) (6) deposition could go forward with appropriate limitations. In re USAA Gen. Indem. Co., 2021 Tex. LEXIS 540 (Tex. June 18, 2021).
Frank Wearden was insured under a automobile policy issued by USAA. Wearden was involved in a car accident…
Insurer’s In-House Counsel’s Involvement in Coverage Decision Opens Door to Discovery
By Tred R. Eyerly on
The Mississippi Supreme Court held that the insurer must produce written communications from and make available for deposition the in-house counsel who orchestrated the denial of coverage. Travelers Pro. Cas. Co. of Am. v. 100 Renaissance, LLC, 2020 Miss. LEXIS 409 (Miss. Oct. 29, 2020).
An unidentified driver struck a…
Hawaii Supreme Court Tackles Chain-of-Events Test in UM Claim
By Tred R. Eyerly on
In responding to a certified question from the Ninth Circuit, the Hawaii Supreme Court determined that a permissive user was entitled to uninsured motorist benefits under the chain of events test when injured by an uninsured motorist. State Farm Mut. Auto. Ins. Co. v. Mizuno, 2020 Haw. LEXIS 359 (Haw. Nov. 20, 2020). …
Hawaii Court of Appeals Confirms Bad Faith Exists Even if No Contractual Duty to Pay Benefits
By Tred R. Eyerly on
The Hawaii Intermediate Court of Appeals reversed the trial court's granting of summary judgment to the insurer on the insured's bad faith claim. Carvalho v. AIG Hawaii Insurance Company, Inc., 2020 Haw. App. LEXIS 382 (Haw. Ct. App. Nov. 16, 2020).
Plaintiff Carvalho's son was killed in a two-car accident.
Alaska Supreme Court Finds Insurer Owes No Independent Duty to Injured Party
By Tred R. Eyerly on
After the victim incurred injury inflicted by an insured party, the Alaska Supreme Court determined that the insurer owed no duty to the injured party. Martinez v. Government Employees Ins. Co., 2020 Alaska LEXIS 111 (Alaska Sept. 4, 2020).
Joshua Martinez lost control of his truck and crashed into Charles…