A commentary on insurance coverage issues in Hawaii and beyond
The federal district court refused to remand the case for lack of subject matter jurisdiction despite the insurer's argument that plaintiffs fraudulently joined their insurance agent as a defendant. Goostree v. Liberty Nat'l Life Ins. Co., 2019 LEXIS U.S. Dis. LEXIS 100604 (N.D. Ala. June 17, 2019).
Plaintiffs filed a…
The Hawaii Federal District Court dismissed a purported third party beneficiary's claim against the insured's agent. United States Fire Ins. Co. v. Hawaiian Canoe Racing Ass'ns, 2019 U.S. Dist. LEXIS 65829 (D. Haw. April 17, 2019).
This was the third recent decision regarding a boating accident in which the underlying…
After being sued for negligence for failing to secure proper coverage, the broker was unsuccessful in seeking dismissal by way of summary judgment. Liverman Metal Recycling, Inc. v. Arthur J. Gallagher & Co., 2018 U.S. Dist. LEXIS 87957 (E.D. N.C. May 25, 2018).
Plaintiffs were two companies, Empire and Liverman…
The insured's suit against his broker for securing a policy with insufficient policy limits was dismissed when filed more than two years after the alleged professional negligence occurred. Pritchard v. Andy Houghton Ins. Agency, 2018 Cal. App. Unpub. LEXIS 1160 (Cal. Ct. App. Feb. 20, 2018).
Pritchard requested coverage for…
The Hawaii Intermediate Court of Appeals reversed the trial court's granting the insurance agent's Motion for Judgment as a Matter of Law on the insured's claim for punitive damages. Fuche Corporation, Inc. v. Leung, et al., 2018 Haw. App. LEXIS 37 (Haw. App. LEXIS Feb. 8, 2018).
Fuche Corporation sued…
The broker was not negligent when it proposed additional coverage that was rejected by the insured. Cromer v. Rosenzweig Ins. Agency Inc., 2017 N.Y. App Div. LEXIS 8969 (N.Y. App. Div. Dec. 21, 2017).
Plaintiff was injured while employed as a painter at property owned by Allen Skriloff. Coverage was…
The insureds survived their broker's motion to dismiss their claims for negligent procurement of insurance. Thanoukos v. Kita, 2017 Ill. App. Unpub. LEXIS 2684 (Ill Ct. App. Dec. 19, 2017).
The insureds purchased homeowners insurance through their broker. When they sustained water back-up damage in their home due to a…
A broker who assisted the insureds in procuring a homeowners policy had no duty to advise the insureds to secure additional flood coverage. Ring v. Meeker Sharkey Assocs., LLC, 2017 N.J. Super. Unpub. LEXIS 3458 (N.J. Super Ct. App. Div. Sept.26, 2017).
The insureds owned two beachfront properties that were…
The federal district court for the District of Hawaii denied the brokers' motion for summary judgment seeking dismissal from claims that they inadequately advised the insured of the law regarding construction defects in Hawaii. Am Auto. Ins. Co. v. Haw. Nut & Bolt, Inc., 2017 U.S. Dist. LEXIS 148571.
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The insured's attempt to secure additional coverage beyond a $10,000 payment for water damage after a rain storm damaged the interior of its building failed. Bible World Christian Ctr. v. Colony Insurance Co, 2016 U.S. Dist. LEXIS 175766 (M.D La. Dec. 20, 2016).
The interior of Bible World's building was damaged by water that leaked…
