A commentary on insurance coverage issues in Hawaii and beyond
A veterinarian was entitled to a defense under his Veterinarian's Professional Liability Policy when sued for testimony given in an animal cruelty proceeding. See Centennial Ins. Co. v. Patterson, No. 08-1521, 2009 U.S. App. LEXIS 8402 (1st Cir. April 23, 2009).
The insured was sued with eighty other defendants by Carol Murphy. Ms. Murphy's suit was based…
Exclusions (k) and (m) in comprehensive general liability policies were the focus of a recent decision from the First Circuit. See Essex Ins. Co. v. BloomSouth Flooring Corp., No. 06-2750, 2009 U.S. App. LEXIS 7896 (1st Cir. April 16, 2009) [here].
Boston Financial Data Services (BFDS) hired Suffolk Construction Corporation as general …
The Ninth Circuit has certified a question to the California Supreme Court regarding a policy's severability-of-interests clause. See Minkler v. Safeco Ins. Co., No. 07-56689 (9th Cir. April 8, 2009) [here].
Minkler sued Betty Schwartz and her son, David, who allegedly molested Minkler over a period of years while serving as Minkler's…
In Nautilus Ins. Co. v. 1452 N. Milwaukee Avenue, LLC, No. 07-3147 (7th Cir. April 7, 2009) [here], the Seventh Circuit found there was no duty to defend a land owner causing property damage based on the contractor-subcontractor exclusion.
When excavating its property and demolishing a building thereon, 1452 LLC damaged a neighboring…
In Emhart Indus., Inc. v. Century Indemn. Co., No. 07-2806 (1st Cir. March 13, 2009)[here], the First Circuit found a duty to defend a CERCLA case until the point at which it was determined there was no duty to indemnify.
From 1944 to 1968, Metro-Atlantic operated a chemical plant at the …
Under Dairy Road Partners v. Island Ins. Co., 92 Hawai`i 398, 414, 992 P.2d 93, 117 (2000), the Hawai`i Supreme Court determined an insured, but not the insurer, can rely on extrinsic evidence to clarify the underlying allegations and demonstrate the possibility of a claim being covered. The Texas Supreme Court recently departed from this reasoning and held neither the…
In Allstate Ins. Co. v. Gadiel, Civ. No. 07-00565, 2008 U.S. Dist. LEXIS 90923 (D. Haw. Nov. 7, 2008), the court considered whether Allstate must defend a landlord in an action filed by his tenant.
The tenant alleged assault and battery, defamation, and intentional and negligent infliction of emotional distress. Based on the homeowner's…
The Ninth Circuit recently held in Sony v. American Home Assurance that Sony was not entitled to a defense from two of its carriers. Sony was sued because its PlayStation 2s suffered from an "inherent" or "fundamental" design defect that rendered them unable to play DVDs and certain game discs. Sony had a special $10…
The question "when does the duty to defend start?" arises quite frequently. Succinctly, it starts immediately upon the filing of a covered lawsuit and tender to the insurer. "The defense duty is a continuing one, arising on tender of defense and lasting until the underlying lawsuit is concluded, or until it has been shown that…
Burlington Insurance Company wins again. The Ninth Circuit of Appeals issued an unpublished decision a few months ago entitled Burlington Insurance v. Steve’s Ag Services, which appears to perpetuate some of the logic flaws in the original Burlington decision. Although the court refused to explain the underlying facts (instead simply stating "the parties are…
