Duty to Defend

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   The current issue of the University of Hawaii Law Review includes an article I co-authored entitled, “Key Issues in Hawaii Insurance Law Answered by the Moon Court.” My co-authors include Hazel Beh, Keith Hiraoka, Peter Olson, Michael Tanoue, and Alan Van Etten. The Moon Article is available at 33 U. Haw. L. Rev. 779…

   The Texas Court of Appeals decided there was no duty to defend claims of both negligence and negligent misrepresentation in Branham v. State Farm Lloyds, 2012 Tex. Ct. App. LEXIS 7736 (Tex. Ct. App. Sept. 12, 2012).

   The insured sold her home to the McCulloughs. After moving into their new home, the McCulloughs sued the insured…

   Our post last week addressed the duty to defend when alleged faulty workmanship caused loss to property adjacent to where the insured was working. See Pamerin Rentals II, LLC v. R.G. Hendricks & Sons Constr., Inc., 2012 Wis. App. LEXIS 698 (Wis. Ct. App. Sept. 5, 2012) [post here]. Today, we report…

   If ever in need of a concise, well-reasoned opinion on "occurrence," "property damage" and applicability of the business risk exclusions, turn to Pamperin Rentals II, LLC v. R.G. Hendricks & Sons Construction, Inc., 2012 Wis Ct. App. LEXIS 698 (Wis. Ct. App. Sept. 5, 2012).

   A contractor was hired to install concrete during…

   The Indiana Court of Appeals found the "personal injury" provisions to be ambiguous when asked whether the migration of sand constituted a "wrongful entry" or "invasion of the right of private occupancy" under the policy. FLM, LLC v. The Cincinnati Ins. Co., 2012 Ind. Ct. App. LEXIS 411 (Ind. Ct. App. Aug. 28, 2012).

   FLM…

   The New Mexico Supreme Court considered whether the word "sudden" found in the pollution exclusion of a liability policy was ambiguous. See United Nuclear Corp. v. Allstate Ins. Co., No. 32,939 (N.M. Aug. 23, 2012).

   United Nuclear operated several uranium mines in New Mexico from the 1960s through the early 1980s. At Church…

   Judge Kobayashi of the U.S. District Court, District of Hawaii, largely followed earlier precedent established by Judge Mollway in finding no coverage for construction defect claims. See Evanston v. Nagano, 2012 WL 3800320 (D. Hawaii Aug. 31, 2012).

   Evanston issued several liability policies to the insured contractor from 2002 and 2011. The insured…

   The California Court of Appeal reversed the trial court's ruling and held that the insurer had a duty to defend a "personal injury" and/or "advertising injury" suit. See Travelers Prop. Cas. Co. of Am. v. Charlotte Russe Holding, Inc., 2012 Cal. Ct. App. LEXIS 807 (Cal. Ct. App. July 13, 2012).

   A clothing…