A commentary on insurance coverage issues in Hawaii and beyond
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…
If an insured fails to cooperate with the insurer's attempt to defend, what must the insurer do to disclaim coverage? In Continental Casualty Co. v. Stradford, 2008 N.Y. LEXIS 3387 (N.Y. Ct. App. Nov. 25, 2008), the court considered whether the insurer's disclaimer to an uncooperative insured was timely.
The insured was a dentist …
A liability policy typically requires the insured to cooperate with the insurer. Under the provision, the insured must, among other things, cooperate with the insurer in investigating or settling of the claim. Breach of the cooperation clause by the insured relieves the insurer of liability under the policy. But the insurer must show…
