A commentary on insurance coverage issues in Hawaii and beyond
Reliance on the policy's "other insurance" provision did not excuse the insurer from contributing to the defense of a common insured. Certain Underwriters at Lloyds v. Arch Specialty Ins. Co., 2016 Ca. App. LEXIS 275 (Cal. Ct. App. April 11, 2016).
Lloyds and Arch were both primary insurers of Framecon, Inc. Lloyds…
The court determined that an umbrella carrier was obligated to assist the general liability insurer in defending the insured. Am. States Ins. Co. v. Insurance Company of the State of Pennsylvania, 2016 U.S. Dist LEXIS 38128 (E.D. Cal. March 23, 2016).
Sierra Pacific Industries obtained rights to timber harvesting operation on a…
The appellate court reversed, in part, determining that the insurer had a duty to defend. Cumberland Farms, Inc. v. Tower Group, Inc., 2026 N. Y. App. Div. LEXIS 2039 ( Supr. Ct. N. Y. App. Div. March 23, 2016).
In 2008, the underlying plaintiff was injured when he tripped and fell on a…
The Federal District Court for the District of Hawaii determined that the insured was not entitled to pre-tender defense fees. The Hanover Ins. Co. v. Anova Food, LLC, 2016 U.S. Dist. LEXIS 38947 (D. Haw. March 24, 2016).
Anova sold and marketed fish. It was insured under policies issued by Hanover that…
The court denied the insurer's and the contractor's cross motions for summary judgment. Core Construction Servs. Southeast v. Crum & Forster Specialty Ins. Co., 2016 U.S. Dist. LEXIS 11487 (M.D. Fla. Feb. 1, 2016).
Core Construction was the general contractor for the Artisan Club Condominium Community project. Core Construction hired a subcontractor…
In responding to a certified question, the New Hampshire Supreme Court held that the excess carrier's duty to defend is not triggered until the primary's insurer's policy is exhausted. Old Republic Ins. Co. v. Stratford Ins Co., 2016 N.H. LEXIS 8 (N.H. Jan. 26, 2016).
Old Republic and Stratford each provided coverage…
The district court determined there was a duty to defend based upon allegations that the insured's pillows and mattresses emitted an odor causing bodily injury and property damage to the underlying plaintiffs. Hartford Fire Ins. Co. v. Tempur-Sealy Int'l, Inc., 2016 U.S.Dist. LEXIS 6706 (N.D. Cal. Jan. 20, 2016).
The insured faced a…
Because the contract between the parties failed to state that the insured was obligated to name the building owner as an additional insured, the owner was not an additional insured. Am. Empire Surplus Lines Ins. Co. v. Endurance Am. Specialty Ins. Co., 2016 N.Y. Misc. LEXIS 53 (N.Y. App. Div. Jan. 7, 2016).…
In a per curiam decision, the Fifth Circuit affirmed the district court's holding that the pollution exclusion barred coverage for bodily injury caused by the insured's insulation. Evanston Ins. Co. v. Lapolla Industries, Inc., 2015 U.S. App. LEXIS 22552 (5th Cir. Dec. 23, 2015).
The homeowners' contractors installed spray polyurethane foam (SPF)…
The insured failed to present any argument for excess coverage after the insolvency of the primary carrier. Canal Ins. Co. v. Montello, Inc., 2015 U.S. App. LEXIS 20625 (10th Cir. Nov. 27, 2015).
Montello distributed an oil drill containing asbestos between 1966 and 1985. Montello was sued by individuals claiming injuries due…
