A commentary on insurance coverage issues in Hawaii and beyond
The insured's bad faith claim based upon the insurer's alleged use of an independent contractor to assess the amount of loss in order to lower the amount paid survived a motion to dismiss. Williamson v. Chubb Indem. Ins. Co., 2013 U.S. Dist. LEXIS 178022 (E.D. Pa. Dec. 19, 2013).
The insureds' home…
The California Supreme Court determined that insurance practices violating the state's Unfair Insurance Practices Act (UIPA) could support a claim under the state's unfair competition law (UCL). Zhang v. Superior Court, 57 Cal. 4th 353 (2013).
Zhang purchased a CGL policy from California Capital Insurance Company. She sued California Capital in a…
The Hawaii Intermediate Court of Appeals overruled the trial court's award of summary judgment to Hawaii Medical Service Association ("HMSA") on bad faith and emotional distress claims, and remanded the case for further proceedings. Adams v. Hawaii Medical Serv. Ass'n., No. 30314, Summary Disposition Order (Haw. Ct. App. Sept. 30, 2013) [here…
Having previously decided that construction defect claims did not arise from an occurrence and were consequently not covered under Hawaii law, the Hawaii Federal District Court refused to dismiss the insured's second amended counterclaim alleging various claims for relief. Ill. Nat'l Ins. Co. v. Nordic PCL Construc., Inc., 2013 U.S. Dist. LEXIS 108932…
The West Virginia Supreme Court of Appeals affirmed the dismissal of plaintiffs' bad faith claim because they were not insureds under the policy. Triad Insulation, Inc. v. Nationwide Mut. Fire Ins. Co., 2013 W.Va. LEXIS 768 (W. Va. June 24, 2013).
Triad Insulation was the sole named insured under a commercial…
The court agreed with State Farm that the insureds' request for an appraisal made after the statute of limitations had run was too late. Stolz v. State Farm Fire and Cas. Co., 2013 U.S. Dist. LEXIS 86834 (S.D. Miss. June 20, 2013).
The insureds' property sustained damage from Hurricane Katrina. State Farm…
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 Hawaii Intermediate Court of Appeal agreed that the insured had entered an enforceable settlement with his insurer regarding a coverage dispute. Flowers v. United Services Automobile Assoc., No. 30085, Summary Disposition Order (Haw. Ct. App. May 17, 2013). [Order here].
The insured made a claim under his renter's insurance…
The insured moved for an order compelling the production of documents from the insurer after 180 pages were produced, nearly all of which were blank after redactions. See Panattoni Construction, Inc. v. Travelers Prop. Cas. Co. of Am., Case No. C11-1195RSM, Order on Motion to Compel (W.D. Wash., Dec. 14, 2012) (see order here…
The Texas Supreme Court considered whether communications between the insurer's lawyer and the employer of the injured employee were privileged. See In Re XL Spec. Ins. Co., 2012 Tex. LEXIS 568 (Tex. June 20, 2011).
XL was Cintas Corporation's workers' compensation carrier. XL's policy required Cintas to cooperate in the investigation, settlement and…
