By statute, Hawai`i allows a party who successfully sues the insurer for benefits to recover reasonable attorney fees. Haw. Rev. Stat. 431:10-242. In Riordan v. State Farm Mut. Auto. Ins. Co., No. 08-35874, 2009 U.S. App. LEXIS 26888 (9th Cir. Dec. 10, 2009), the court determined that Montana case law also allows the
Automobile
Assignee of Policy Must Comply with Request for Examination Under Oath
By Tred R. Eyerly on
Whether an assignee is required to respond to the insurer's invocation of an Examination Under Oath ("EUO") clause was at issue in Shaw v. State Farm Fire and Casualty Co., 2009 Fla. App. LEXIS 15930 (Fla. Ct. App. Oct. 23, 2009).
After the insured was involved in an auto accident, he received medical…
Assignment Policy’s Rights, as Opposed to Policy Itself, Upheld
By Tred R. Eyerly on
The validity of an assignment of policy rights was at issue in Isles Wellness, Inc. v. Progressive Ins. Co., A09-0119, 2009 Minn. App. Unpub. LEXIS 1051 (Minn. Ct. App. Sept. 15, 2009).
The plaintiff clinics provided treatment to the insured patients who had automobile coverage with Progressive and Allstate. In 2003, the clinics…
Auto Glass Repair Companies Seek Reimbursement from Insurers After Assignment of Policies
By Tred R. Eyerly on
The amount of reimbursement owed to auto glass repair companies by the insurer was the issue presented in Auto Glass Express, Inc. v. Hanover Ins. Co., 975 A.2d 1266 (Conn. Aug. 25, 2009).
The insureds' policies provided reimbursement of the "amount necessary to repair or replace broken glass of like kind and quality." …
Eleventh Circuit Certifies Question on Effect of Cancellation Notice
By Tred R. Eyerly on
The insured held a commercial auto policy issued on June 5, 2006 by Infinity General Insurance Company. See Infinity Gen. Ins. Co. v. Reynolds, No. 08-14785 (11th Cir. June 8, 2009) [here]. The premium was overdue as of July 5, 2006, and a cancellation notice was sent July 10, 2006. The notice indicated that…
Uninsured Motorist Coverage Properly Denied Where Insured Not At Fault
By Tred R. Eyerly on
Uninsured-motorist coverage after the insured died in an auto accident was the issue in Estate of Anderson v. Safeco Ins. Co. of Illinois, No. 08-3452 (8th Cir. May 29, 2009) [here].
Anderson was riding in a car driven by his ex-wife when flood water swept the car off a driveway. Anderson died after being…
Waiving Stacked Coverage Continues When Additional Cars Added to Policy
By Tred R. Eyerly on
Considering Pennsylvania law, the Third Circuit was asked whether the insured waived "stacked" UIM benefits in subsequent policies that listed additional automobiles? See State Auto Prop. & Cas. Ins. Co. v. Pro Design, P.C., No. 08-3006 (3rd Cir. May 12, 2009) [here]. In a result consistent with Hawai`i law, the Third Circuit held the initial…
Business Auto Policy Does Not Extend to Independent Contractor’s Vehicle
By Tred R. Eyerly on
In Union Standard Ins. Co. v. Hobbs Rental Corp., No. 07-2184 (10th Cir. May 5, 2009)[here], the court determined the insured's business auto policy did not cover vehicles owned and operated by an independent contractor.
The insured company rented oil drilling equipment. It hired an independent contractor to transport a "mud separator"…
Insurer Must Pay UIM Benefits Based on Policy Holder’s Joint and Several Liability
By Tred R. Eyerly on
The Hawai`i Intermediate Court of Appeals' (ICA) decision in Liberty Mut. Ins. Co. v. Sentinel Ins. Co., Ltd., No. 27429, 2009 Haw. App. LEXIS 134 (Haw. Ct. App. March 31, 2009) is unpublished and the facts are detailed, but it's a Hawaii insurance-related decision. So we submit the following.
Ms. Labrador, the insured, sustained…
Jury’s Determination of Bad Faith Upheld by Californa Court of Appeal
By Tred R. Eyerly on
In McCoy v. Progressive West Ins. Co., B199978 (Cal. Ct. App. Feb. 26, 2009) [here], the appellate court upheld the jury's verdict finding bad faith arising from Progressive's denial of the insured's vehicle theft claim.
In March 2004, the insured's Ford Mustang was stolen in Las Vegas. When recovered, the Mustang, …