A commentary on insurance coverage issues in Hawaii and beyond
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…
The Washington Supreme Court found that a title insurer breached its duty to defend when it was discovered that a Native American tribe had rights to access the land under a treaty with the State of Washington. Robbins v. Mason County Title Insurance Co., 2020 Wash. LEXIS 288 (Wash. May 7, 2020).…
In answering a certified question from the Fifth Circuit, the Texas Supreme Court held that the eight-corners rule applied when determining the duty to defend even if the policy did not promise to defend suits that were "groundless, false or fraudulent." Richards v. State Farm Lloyds, 2020 WL 1313782 (Tex. March 20…
The Missouri Court of Appeals reversed the trial court's ruling that the insured's policy did not cover claims based upon negligent misrepresentation. Am. Family Mut. Ins. Co. v. Sharon, 2020 Mo. App. LEXIS 123 (Mo. Ct. App. Feb. 4, 2020).
Robert Sharon sued Gregory and Kristine Schwenzer for, among other…
The business risk exclusions did not apply to bar coverage for the underlying claims of damage caused by a leaky roof. Westfield Ins, Co, v. Miller Architects & Builders, 2020 U.S. App. LEXIS 2972 (8th Cir. Jan. 30, 2020).
Miller began construction on luxury apartment complex, but was terminated a…
The court determined there was no duty to defend because the underlying complaint alleged the contractor's breach of contract, but no property damage. Southern-Owners Ins. Co. v. Mac Contractors of Florida, 2020 U.S Dist. LEXIS 14611 (M.D. Fla. Jan. 29, 2020).
KJIMS Construction contracted with the homeowners to construct their…
The umbrella insurer was required to drop down when the primary carrier's policy only covered the additional insured when it was vicariously liable for the named insured's operations. Am. States Ins. Co. v. Ins. Co. of the State of Pa., 2020 U.S. App. LEXIS 585 (9th Cir. Jan. 7, 2020).
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In an unpublished decision, the Illinois Appellate Court determined that claims against the insured painting contractor had to be defended by the CGL carrier. Owners Ins. Co. v. Precision Painting & Decorating Corp., 2019 Ill. App. Unpub. LEXIS 2425 (Ill. App. Ct. Dec. 31, 2019).
The homeowners hired Precision to…
The Illinois Appellate Court held that there was no coverage for faulty workmanship causing damage to property, but there was coverage for damage to personal property. Certain Underwriters at Lloyd's London v. Metropolitan Builders, Inc., Ill. App. LEXIS 979 (Ill. Ct. App. Dec. 18, 2019).
Metropolitan was the general contractor…
