A commentary on insurance coverage issues in Hawaii and beyond
After being sued in a personal injury action, Marc-Scot Realty (property owner) and Willie Construction, sought a defense as additional insureds under Arch Builder's (general contractor) liability policy. See Marc-Scot Realty Corp v. Praetorian Ins. Co., 2010 U.S. Dist. LEXIS 29380 (E.D. N.Y. March 26, 2010).
The court agreed Willie Construction was an…
In a brief opinion, a New York court found the insured contract provision ambiguous. See Majawalla v. Utica First Ins. Co., 2010 N.Y. App. Div. LEXIS 2510 (N.Y. App. Div. March 23, 2010).
Yashi Associates leased a store location to the insured. The lease required the lessee to maintain liability insurance for the…
In Kaufmann v. The Travelers Companies, Inc., 2010 U.S. Dist. LEXIS 20027 (D. Md. March 5, 2010), the insureds sold their restaurant to plaintiffs. The insureds represented that the restaurant and bar seated 400 patrons. The plaintiffs made known to the insureds they intended to create a patio that would utilize the 400…
Coverage under a CGL policy for the subcontractor's construction defects was at issue in Architex Assoc., Inc. v. Scottsdale Ins. Co., No. 2008-CA-01353-SCT, 2010 Miss. LEXIS 71 (Miss. Feb. 11, 2010). Although the lower court determined there was no occurrence under the policy, and thus no coverage, the Supreme Court reversed.
Architex…
The additional insured contractor was not entitled to a defense where the underlying case failed to allege any negligence by insured subcontractor. See Clarendon Nat. Ins. Co. v. Am. States Ins. Co., No. 09-548-JO, 2010 U.S. Dist. LEXIS 16091 (D. Ore. Feb. 22, 2010).
Providence built houses and subcontracted with Woodmaster to…
The "your work" exclusion was held inapplicable to damaged portions of a building for which the insured was not responsible. Fortney & Weygandt, Inc. v. Am. Manufacturers Mutual Ins. Co., No 05-4031, 2010 U.S. App. LEXIS 2836 (6th Cir. Feb. 12, 2010).
The insured contracted with Frisch's Restaurants, Inc. to build a Golden Corral…
Does a policy's Blanket Additional Insured Endorsement bar primary coverage for an additional insured with a policy of its own? Although the court answered yes in Kummer Enter., Inc. v. HBE Corp., No. 1:09-cv-109, 2010 U.S. Dist. LEXIS 6403 (W.D. Mich. Jan. 27, 2010), it nevertheless determined the additional insured was entitled to a…
The insureds' property was rented from the State of Hawai`i . See State Farm Fire and Cas. Ins. Co. v. Ramirez, No. 08-00557, 2010 U.S. Dist. LEXIS 5045 (D. Haw. Jan. 22, 2010). The insureds and the State were sued by neighbors for a dumpsite/landfill maintained on the property. The underlying complaint alleged the…
This cases touches on both maritime law and insurance coverage. Therefore, the initial question was which office blog should do the post: our blog or hawaiioceanlaw.com, authored by Damon Key blogging colleague, Mark Murakami? Easily resolved: Mark found the case, but passed it on to us.
In Fireman's Fund Ins. Co. v. Sneed's Shipbuilding, Inc.…
The applicability of a policy's land subsidence exclusion was considered by the court in City of Carlsbad v. Insurance Co. of the State of Pennsylvania, No. D053843, 2009 Cal. App. LEXIS 2025 (Cal. Ct. App. Dec. 17, 2009).
The insured City of Carlsbad negligently maintained and repaired a fire hydrant and water line…
