A commentary on insurance coverage issues in Hawaii and beyond
The Nevada Supreme Court, responding to certified questions, determined that an insurer must provide independent counsel for its insured when a conflict of interest arises between the insurer and insured. State Farm Mut. Auto. Ins. Co. v. Hansen, 2015 Nev. LEXIS 86 (Nev. Sept. 24, 2015).
The insured struck the vehicle of…
The Eighth Circuit determined that filing an interpleader action in the face of multiple claims against the policy holder did not constitute bad faith. Purscell v. Tico Ins. Co., 2015 U.S. App. LEXIS 10438 (8th Cir. June 22, 2015).
Ben Purscell's vehicle collided with another vehicle, in which Tim and Amy Carr…
The court considered whether, in a second trial for bad faith, the insured was required to again prove her damages, instead of relying on the jury's damage determination in the first trial where the tortfeasor's liability was established. Geico Gen. Ins. Co. v. Paton, 2014 Fla. Ct. App. LEXIS 14362 (Fla. Ct. App.
The California Court of Appeal reversed the trial court's dismissal of a complaint alleging bad faith for the insurer's failure to adequately investigate the claim. Maslo v. Ameriprise Auto & Home Ins., 2014 Cal. App. LEXIS 564 (Cal. Ct. App. June 27, 2014).
The insured was injured in an auto accident caused…
In a coverage dispute between the liability carrier and auto carrier, the court determined that the liability policy had a duty to defend and indemnify. Am. States Ins. Co. v. Travelers Prop. Cas. Co. of Am., 2014 Cal. App. LEXIS 74 (Cal. Ct. App. Jan. 27, 2014).
Royal Catering Company leased its…
The Illinois Appellate Court found that an insurance agent was liable under both a state statute and common law for failure to obtain coverage requested by the insured. Skaperdas v. Country Cas. Ins. Co., 2013 Ill. App. LEXIS 711(Ill.Ct. App. Oct. 7, 2013).
The insured's girlfriend was added to his policy as…
The First Circuit held that the insurer was obligated to pay postjudgment interest pursuant to its policy until such time as policy limits were exhausted. Vazquez-Filippetti v. Cooperativa De Seguros Multiples De Puerto Rico, 2013 U.S. App. LEXIS 14251(1st Cir. July 15, 2013).
Cooperativa's insured was found liable for striking a pedestrian…
The Hawaii Supreme Court found that an insurer assigned a claim under the Hawaii Insurance Joint Underwriting Program (JUP) owed a duty of good faith and fair dealing to the insured. Willis v. Swain, 2013 Haw. LEXIS 210 (June 7, 2013). We previously posted on the Intermediate Court of Appeals decision [here…
The current issue of the University of Hawaii Law Review includes an article I co-authored entitled, “Key Issues in Hawaii Insurance Law Answered by the Moon Court.” My co-authors include Hazel Beh, Keith Hiraoka, Peter Olson, Michael Tanoue, and Alan Van Etten. The Moon Article is available at 33 U. Haw. L. Rev. 779…
The court found an anti-assignment provision enforceable, thereby denying coverage for the assignee. Dameron Hospital Assoc. v. State Farm Mutual Automobile Ins. Co., 2012 U.S. Dist. LEXIS 146577 (E.D. Cal. Oct 20, 2012).
Dameron Hospital provided emergency medial treatment to three individuals who were in automobile accidents and had coverage through State…
