A commentary on insurance coverage issues in Hawaii and beyond
The "your work" exclusion was held inapplicable to damaged portions of a building for which the insured was not responsible. Fortney & Weygandt, Inc. v. Am. Manufacturers Mutual Ins. Co., No 05-4031, 2010 U.S. App. LEXIS 2836 (6th Cir. Feb. 12, 2010).
The insured contracted with Frisch's Restaurants, Inc. to build a Golden Corral…
If the named insured does not satisfy the self-insured retention (SIR), can the additional insured undertake payment to trigger coverage? Looking at the language of the policies under consideration, the court answered no in Forecast Homes, Inc. v. Steadfast Ins. Co., No. G040876, 2010 Cal. App. LEXIS 172 (Cal. Ct. App. Jan. 12…
Does a policy's Blanket Additional Insured Endorsement bar primary coverage for an additional insured with a policy of its own? Although the court answered yes in Kummer Enter., Inc. v. HBE Corp., No. 1:09-cv-109, 2010 U.S. Dist. LEXIS 6403 (W.D. Mich. Jan. 27, 2010), it nevertheless determined the additional insured was entitled to a…
The Texas Supreme Court recently held that an insurer may have a duty to indemnify even if the duty to defend never arises. See D.R. Horton-Texas, Ltd. v. Markel Int'l Ins. Co, Ltd., No. 06-1018, 2009 Tex. LEXIS 1042 (Tex. Dec. 11, 2009).
The homeowners purchased their house from D.R. Horton. After moving…
Allegations in the underlying complaint proved crucial in analyzing coverage for an additional insured under Texas' eight-corners rule. See The Burlington N. and Santa Fe R. R. Co. v. National Union Fire Ins. Co. of Pittsburgh, Pa., No. 08-06-00022CV, 2009 Tex. App. LEXIS 9347 (Tex. Ct. App. Dec. 9, 2009).
The railroad entered…
Complicated facts but easily understood legal standards were presented in Breaux v. Halliburton Energy Serv., Inc., No. 04-1636, 2009 U.S. Dist. LEXIS 112374 (E.D. La. Dec. 2, 2009).
Era Aviation, Inc., a subsidiary of Rowan Companies, Inc., transported oil field workers by helicopter to an offshore drilling vessel in the Gulf owned by Unocal. …
Coverage for an insured contractor sued after hurricane related-damage to condominium units was the issue in Rolyn Companies, Inc. v. R & J Sales of Texas, Inc., No. 08-61618, 2009 U.S. Dist. LEXIS 106881 (S.D. Fla. Nov. 16, 2009).
In October 2005, Hurricane Wilma damaged Stonebridge Gardens, a condominium community. The association hired…
Defendants were sued in an underlying state court action. See Riverport Ins. Co. v. Oakland Cmty. Housing, Inc., No. C 08-3883, 2009 U.S. Dist. LEXIS 104472 (N.D. Cal. Nov. 6, 2009). Defendants were additional insureds under a policy issued by Riverport. In its coverage action for declaratory judgment, Riverport secured an order awarding summary judgment that determined there…
An employee of Nava Restaurant was injured when he fell down the stairs while at work. He sued the property owner, Crescent One Buckhead Plaza, claiming negligent maintenance of the stairs. Crescent tendered the suit to Nava and its insurer, Transcontinental Insurance Company (TIC), based on the language of the lease and because Crescent was…
A default judgment against the insured should not deprive the injured party from pursuing the coverage litigation according to the Ninth Circuit's decision in Westchester Fire Ins. Co. v. Northwest Airlines, Inc., No. 07-17383, 2009 U.S. App. LEXIS 23718 (9th Cir. Oct. 28, 2009).
The insured provided maintenance services for Northwest Airlines at…
