In January, we reported on the Hawaii Intermediate Court of Appeal's decision in Kim v. Liberty Mutual Fire Ins. Co., 124 Haw. 415, 245 P.3d 488 (Haw. Ct. App. 2010) (prior post here). The ICA determined that legislation had overruled the Supreme Court's decision in Wilson v. AIG, 89 Haw. 45, 968
Automobile
Lack of Coverage for Named Insured Does Not Negate Coverage for Additional Insured
By Tred R. Eyerly on
Although the commercial auto policy excluded coverage for the named insured, coverage was still possible for the additional insured. Great West Casualty Co. v. Terminal Trucking Col., LLC, 2011 U.S. Dist. LEXIS 30356 (D. S.C. March 22, 2011).
Wellman, Inc. sold bales of polyester fiber to Milliken & Company. Wellman contracted with…
Hawaii Court Rules Insured Is Real Party In Interest for Challenging Denied Claim
By Tred R. Eyerly on
In Wilson v. AIG, 89 Haw. 45, 968 P.2d 647 (1998), the Hawaii Supreme Court held that an insured was not the real party in interest to challenge its auto insurer's refusal to pay benefits to the insured's medical provider. The issue before the Hawaii Intermediate Court of Appeal was whether the legislature had overruled the Supreme Court…
Fees Not Available Under Hawaii’s Assumpsit Statute for Declaratory Judgment Actions
By Tred R. Eyerly on
The Hawaii Intermediate Court of Appeals overturned an award of attorney fees in a declaratory relief action filed by the insurer. See Allstate Ins. Co. v. Silva, 2010 Haw. App. LEXIS 806 (Haw. Ct. App. Dec. 9, 2010).
Silva was injured on his motorcycle when struck by an auto driven by Ponce. …
Hawaii Auto Policy Entitles Insured To Uncapped Wage Loss Benefits
By Tred R. Eyerly on
The insured was injured in an auto accident on the Big Island on March 26, 1998. See First Ins. Co. of Hawaii, Ltd. v. Dayoan, Sr., 2010 Haw. App. LEXIS 697 (Haw. Ct. App. Nov. 18, 2010). He was covered by a Personal Auto Policy issued in February 1998 by First Insurance. The policy…
CGL Exclusion for Auto Accidents Bars Coverage
By Tred R. Eyerly on
An exclusion under a CGL policy for bodily injury arising out of automobile accidents prevented coverage when an employee was at fault. See Sprinkles v. Assoc. Indemn. Corp., 2010 Cal. App. LEXIS 1532 (Cal. Ct. App. Sept. 1, 2010).
Bibinz, an employee of Sinco, caused the accident, killing the deceased. The deceased's family…
Multiple Acts of Negligence Combining to Produce A Single Result Constitutes One Occurrence
By Tred R. Eyerly on
Whether a multiple vehicle accident creates separate occurrences, thereby increasing policy limits, was the issue in Auto-Owners Ins. Co. v. Munroe, 2010 U.S. Dist. LEXIS 15062 (7th Cir. July 22, 2010).
Three trucks owned by Wayne Wilkins Trucking were traveling the highway in convoy. All trucks were covered under a single policy…
Relitigating UM Coverage in Hawaii Barred by Res Judicata
By Tred R. Eyerly on
Brown was injured when a passenger in a car on Kauai. See Brown v. Progressive Direct Ins. Co., 2010 Haw. App. LEXIS 211 (Haw. Ct. App. May 5, 2010). The driver of the vehicle in which Brown rode was uninsured. The driver of the second vehicle involved in the accident fled the accident scene.
At…
Arbitration Award Confirmed Even After Insurer Pays Award
By Tred R. Eyerly on
On its third trip to the Hawai`i appellate courts, the decision in Mikelson v. United Services Automobile Assoc., No. 28332 (Haw. Ct. App. March 24, 2010)(opinion here) addressed whether the Circuit Court's confirmation of the arbitration award was appropriate when the insurer had already paid the arbitration award. (Disclosure – our…
Intra-Family Transfer of Vehicle Does Not Void Auto Policy
By Tred R. Eyerly on
Coverage for the auto policy holder's daughter was at stake in Morrison v. Secura Ins., No. 286936, 2009 Mich. App. LEXIS 2694 (Mich. Ct. App. Dec. 29, 2009).
In April 2006, the insured's daughter struck plaintiffs' motorcycle with her Chevrolet Cavalier, causing serious injury to the plaintiffs. The auto policy listed the mother…