A commentary on insurance coverage issues in Hawaii and beyond
The Federal District Court, District of Hawaii, continued it long line of cases finding no coverage for claims of faulty workmanship. Nautilus Ins. Co. v. Summary Judgment RMB Enters., 2020 U.S. Dist. LEXIS 200468 (D. Haw. Oct. 28, 2020).
Property owners entered a construction contract with RMB Enterprises to develop…
Resolving a dispute on whether damage was limited to "that particular part of real property," the court found in favor of the insured for purposes of defending the claim. Nash St., LLC v. Main St. Am. Assur. Co., 2020 Conn. LEXIS 197 (Conn. Sept. 1, 2020).
Plaintiff's property needed repairs…
The federal district court, District of Hawaii, found the insurer had a duty to defend allegations which included a claim for negligent infliction of emotional distress. AIG Prop. Cas. Co. v. Judgment, 2020 U.S. District. LEXIS 143485 (D. Haw. Aug. 11, 2020).
The underlying complaint alleged that plaintiff Mrs. Ross entered…
The Eleventh Circuit vacated the district court's grant of summary judgment to the insurer finding there was no duty to defend. Southern-Owners Ins. Co. v. Mac Contractors of Florida, LLC, 2020 U.S. App. LEXIS 23918 (11th Cir. July 29, 2020).
Mac Contractors entered into a contract with homeowners to serve…
Rejecting that the underlying claim was based solely on faulty workmanship, the Third Circuit held the insurer had a duty to defend allegations of a malfunctioning product. Nautilus Ins. Co. v. 200 Christina Street Partners LLC, 2020 U.S. App. LEXIS 22118 (3d Cir. July 16, 2020).
The insureds were sued…
The federal district court declined to exercise jurisdiction over the coverage action that was parallel to a case pending in state court involving the same parties and same issues pending. Navigators Ins, Co. v. Chriso's Tree Trimming, 2020 U.S. Dist. LEXIS 129711 (E.D. Calif. July 22, 2020).
Pacific Gas &…
The court found that the insurer had no duty to defend claims against the insured for faulty workmanship. HT Services, LLC v. Western Heritage Ins. Co., 2020 U.S. Dist. LEXIS 123664 (D. Colo. July 10, 2020).
Western Heritage Insurance Company issued three concurrent general liability policies to HT Services, LLC.
The federal district court, district of Hawaii, stayed the coverage action to allow the underlying state court action to proceed, United States Fire Ins. Co. v. Prieto, 2020 U.S. Dist. LEXIS 106676 (D. Haw. June 18, 2020).
In the underlying action, Aerica Cates sued defendant Prieto and the State of…
Finding the exclusion relied upon by the insurer was ambiguous, the Fourth Circuit affirmed the district court's ruling that a duty to defend was owed. Mariam, Inc. v. Universal Underwriters Ins. Co., 2020 U.S. App. LEXIS 15658 (4th Cir. May 15, 2020)
Tamara Darvish Fallahi sued her father, his company, and…
The Federal District Court, District of Hawaii, found the earth movement exclusion barred coverage for the contractor when a landslide damaged the property. North River Ins. Co. v. H.K. Constr. Corp., 2020 U.S. Dist. LEXIS 90110 (D. Haw. May 22, 2020).
Bruce and Yulin Bingle sued HK for damage caused…
