Duty to Defend

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     When the insured, Matkin, an architectural firm, was sued by GEWAC, Inc., shopping center owner, for improper drainage in a parking lot designed by Matkin, Everest, the insurer, refused to defend, contending Matkin had not given timely notice under the claims-made policy.  Matkin-Hoover Engineering, Inc. v. Everest National Ins. Co., No. 08-CV-0451, 2009 U.S. Dist. LEXIS 44057 (W.D.

    Whether the insured  had sufficient knowledge of a construction defect to justify the insurer's denial of coverage was the issue in Far Northwest Dev. Co., LLC v. Cmty. Ass'n of Underwriters of Am., Inc., Case. No. C-05-2134, 2009 U.S. Dist. LEXIS 34521 (W.D. Wa. April 22, 2009).

    In the underlying case, the Homeowner's Association claimed Mr.

    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…

    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…