A commentary on insurance coverage issues in Hawaii and beyond
The Seventh Circuit found that an "Injury to Employees, Contractors, and Employees of Contractors" exclusion was not applicable to bar coverage for injuries to a construction worker. Atlantic Casualty Ins. Co. v. Paszko Masonry, Inc., 2013 U.S. App. LEXIS 11561 (7th Cir. June 7, 2013).
The underlying plaintiff was an employee of a waterproofing…
The Fifth Circuit affirmed the district court's holding that the pollution liability insurer owed a duty to defend a generating plant sued by the EPA. Louisiana Generating L.L.C. v. Illinois Union Ins. Co., 2013 U.S. App. LEXIS 9837 (5th Cir. May 15, 2013).
Louisiana Generating ("LaGen") was sued by the EPA for…
The Montana Supreme Court found coverage in a wrongful death case brought against an educational academy and others. Newman v. Scottsdale Ins. Co.,2013 Mont. LEXIS 146 (Mont. May 7, 2013).
The 16-year old girl was residing at the Spring Creek Lodge Academy in Montana at the time of her death. The girl's…
A prior post here discussed the Tenth Circuit's decision in Greystone Constr., Inc. v. National Union Fire & Marine Ins. Co., 661 F. 3d 1272 (10th Cir. 2011). The court found a duty to defend construction defect claims where damage caused by the faulty workmanship was unintentional. The Tenth Circuit remanded for a…
Today, I spoke with the HSBA Litigation section about construction defect coverage in Hawaii and the Group Builders' cases. Thank you to all who attended and participated in the discussion. Here are my power point slides from the presentation.
The Third Circuit followed Pennsylvania law in determining that damage caused by faulty workmanship did not arise from an occurrence. Zurich Am. Ins. Co. v. R. M. Shoemaker Co., 2013 U.S. App. LEXIS 6093 (3d Cir. March 27, 2013).
The County sued R. M. Shoemaker, alleging faulty construction of an addition to…
On May 19, 2010, the Hawaii Intermediate Court of Appeals determined construction defect claims did not constitute an occurrence under a CGL policy. Group Builders, Inc. v. Admiral Ins. Co., 123 Haw. 142, 231 P.3d 67 (Haw. Ct. App. 2010) ("Group Builders I") [post here]. The appeal in Group Builders I…
The Eleventh Circuit considered whether Alabama law permitted the district court to look beyond the allegations of an arbitration complaint in deciding whether the insurer had a duty to defend. Am. Safety Indem. Co. v. T. H. Taylor, Inc., 2013 U.S. App. LEXIS 5072 (11th Cir. March 14, 2013).
The insured contractor…
The court grappled with whether defendants named in the underlying case were "additional insureds" under the policy. Colony Ins. Co. v. Price, 2013 U.S. Dist. LEXIS 38952 (N.D. Texas March 21, 2013).
Colony insured Tommy Sinclair under a CGL policy. Sinclair operated a nightclub. A patron was assaulted outside the club and…
The Seventh Circuit affirmed the granting of summary judgment to the insurer based upon an exclusion barring coverage for lost or stolen business property. Nationwide Ins. Co. v. Central Laborers Pension Fund, 2013 U.S. App. LEXIS 721 (7th Cir. Jan. 11, 2013)
The insured was an accountant employed by an accounting firm.
