A commentary on insurance coverage issues in Hawaii and beyond
The Eighth Circuit determined that business property in storage before the insured could transport the property was covered under the "Newly Acquired or Constructed Property" extension of the commercial property policy. Amera-Seiki Corp. v. The Cincinnati Ins. Co., 2013 U.S. App. LEXIS 14893 (8th Cir. July 23, 2013).
The insured imported computerized…
The federal district court determined the insurer had no coverage obligations for environmental damage when the injury in fact occurred long before the policy period. Alabama Gas Corp. v. Travelers Cas & Sur. Co., 2013 U.S. Dist. LEXIS July 16, 2013).
The predecessor of Alabama Gas Corp. manufactured gas on the property…
In a decision authored by Judge Leslie E. Koybayashi, the U.S. District Court for the District of Hawaii followed its prior decisions that construction defect claims were not covered because such claims do not arise from an occurrence. Nautilus Ins. Co. v. 3 Builders, Inc., 2013 U.S. Dist. LEXIS 88480 (D. Haw. June…
The Federal District Court in Virginia found that allegations of faulty workmanship could arise from an occurrence. Nautilus Ins. Co. v. Strongwell Corp., 2013 U.S. Dist. LEXIS 79163 (W. D. Va. June 4, 2013).
Strongwell supplied certain fiberglass reinforced plastic materials to a subcontractor of Black & Veatch for a construction…
A prior post here discussed the Tenth Circuit's decision in Greystone Constr., Inc. v. National Union Fire & Marine Ins. Co., 661 F. 3d 1272 (10th Cir. 2011). The court found a duty to defend construction defect claims where damage caused by the faulty workmanship was unintentional. The Tenth Circuit remanded for a…
Today, I spoke with the HSBA Litigation section about construction defect coverage in Hawaii and the Group Builders' cases. Thank you to all who attended and participated in the discussion. Here are my power point slides from the presentation.
On May 19, 2010, the Hawaii Intermediate Court of Appeals determined construction defect claims did not constitute an occurrence under a CGL policy. Group Builders, Inc. v. Admiral Ins. Co., 123 Haw. 142, 231 P.3d 67 (Haw. Ct. App. 2010) ("Group Builders I") [post here]. The appeal in Group Builders I…
The Hawaii Intermediate Court of Appeals (ICA) determined that the AOAO's bylaws were ambiguous as to the extent of insurance coverage provided for its members. AOAO Queen Emma Gardens & Touchstone Props. v. Wai Hung Ma, 2013 Haw. App. LEXIS 192 (Haw. Ct. App. April 5, 2013).
The owners of a sixth…
The court grappled with whether defendants named in the underlying case were "additional insureds" under the policy. Colony Ins. Co. v. Price, 2013 U.S. Dist. LEXIS 38952 (N.D. Texas March 21, 2013).
Colony insured Tommy Sinclair under a CGL policy. Sinclair operated a nightclub. A patron was assaulted outside the club and…
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…
