A commentary on insurance coverage issues in Hawaii and beyond
Applying Illinois law, the federal district court ruled that there was no coverage for the insured's settlement of claims based upon breach of the implied warranty of habitability. Allied Prop. & Cas. Ins. Co. v. Metro North Condo. Ass'n, 2016 U.S. Dist. LEXIS 43452 (E.D. Ill. March 31, 2016).
Metro North sued…
Because the contract between the parties failed to state that the insured was obligated to name the building owner as an additional insured, the owner was not an additional insured. Am. Empire Surplus Lines Ins. Co. v. Endurance Am. Specialty Ins. Co., 2016 N.Y. Misc. LEXIS 53 (N.Y. App. Div. Jan. 7, 2016).…
In a per curiam decision, the Fifth Circuit affirmed the district court's holding that the pollution exclusion barred coverage for bodily injury caused by the insured's insulation. Evanston Ins. Co. v. Lapolla Industries, Inc., 2015 U.S. App. LEXIS 22552 (5th Cir. Dec. 23, 2015).
The homeowners' contractors installed spray polyurethane foam (SPF)…
On summary judgment, the insured general contractor prevailed not only on the duty to defend, but also the duty to indemnify. Wausau Underwriters Ins. Co. v. Old Republic Gen. Ins. Co., 2015 U.S. Dist. LEXIS 103954 (S.D. N. Y. Aug. 7, 2015).
170 Broadway entered into a construction management agreement with McGowan…
The court determined that the project owner's general partner was not an additional insured entitled to a defense and indemnity against claims for construction defects. St. Paul Fire & Marine Ins. Co. v,. Cypress Fairway Condo. Ass'n, 2015 U.S. Dist. LEXIS 94012 (M.D. Fla. July 20, 2015).
Construction of the Cypress Fairway…
In a dispute between the excess and primary carriers, the Fifth Circuit determined the primary policy was exhausted, triggering coverage under the excess policy. Amerisure Mut. Ins. Co. v. Arch Spec. Ins. Co., 2015 U.S. App. LEXIS 6627 (5th Cir. April 21, 2015).
Amerisure issued a CGL policy to Admiral Glass &…
The Eleventh Circuit affirmed the district court's finding of a duty to defend, but reversed, in part, the insurer's duty to indemnify. Carithers v. Mid-Continent Cas. Co., 2015 U.S. App. LEXIS 5540 (11th Cir. April 7, 2015).
After discovering a number of defects in their home, the Carithers sued their homebuilder, Cronk…
A Delaware trial court found that the carrier properly denied coverage to a contractor who allegedly caused property damage due to faulty workmanship. Westfield Ins. Co., Inc. v. Miranda & Hardt Contracting and Building Serv., L.L.C., 2015 Del. Super. LEXIS 160 (Del. Super. Ct. March 30, 2015).
In 2004 and 2005, Miranda…
The court found the contractor did not have coverage as an additional insured under the subcontractor's policy. Walton Constr. v. First Fin. Ins. Co., 2015 US. Dist. LEXIS 30710 (E.D. La. March 12, 2015).
John Maestri was injured while working on a construction project for the Jefferson Parish School Board. Maestri…
The Seventh Circuit found there was a duty to defend the additional insured under the policy, but not a duty to indemnify. Kmart Corp. v. Footstar, Inc., 2015 U.S. App. LEXIS 1775 (7th Cir. Feb. 4, 2015).
By agreement, Footstar operated the footwear department in hundreds of Kmart stores around the country.
