A commentary on insurance coverage issues in Hawaii and beyond
Based upon the primary policy's exclusion, the following form excess policy had no duty to indemnify after the insured reached a settlement in the underlying case. Houston Cas. Co. v. Strata Corp., 2019 U.S. App. LEXIS 3936 (8th Cir. Feb. 6, 2019).
An employee of Strata fell to his death…
Affirming the district court, the Second Circuit agreed that the excess insurer had a duty to indemnify the insured for sexual abuse claims. Hartford Roman Catholic Diocesan Corp. v. Interstate Fire & Cas. Co., 905 F.3d 84 (2nd Cir. 2018).
The Archdiocese had excess policies from Interstate between September 1…
The Fourth Circuit certified the following question to the South Carolina Supreme Court: Does South Carolina law support application of the "at issue" exception to the attorney-client privilege such that a party may waive the privilege by denying liability in its answer? In Re: Mt. Hawley Ins. Co., 2018 U.S. App. LEXIS…
The court determined there was a duty to defend negligence and private nuisance claims for dumping materials on the plaintiffs' property. Peters Heavy Construction, Inc. v. X-Pert One Tracking Corp., 2018 Wisc. App. LEXIS 358 (Wis. Ct. App. March 29, 2018).
Peters Heavy Construction sued X-Pert One for negligently depositing…
The court found that the insurer was obligated to indemnify, but not to defend the insured. Old Republic Ins. Co. v. Kenny Constr. Co., 2017 U.S. Dist. LEXIS 189412 (N.D. Ill. Oct. 31, 2017).
Kenny Construction Company was hired by the Army Corp of Engineers to work on the Chicago…
The Fifth Circuit construed a contract requiring indemnity and an obligation to provide insurance coverage as creating separate duties. ExxonMobil Corp. v. Elec. Reliability Services, 2017 U.S. App. LEXIS 16031 (5th Cir. Aug. 22, 2017).
Exxon contracted with Electrical Reliability Services (ERS) to perform electrical work and services at Exxon's chemical facility…
The insurer's motion for summary judgment, attempting to bar coverage under two endorsements for a wrongful death suit, was denied. Essex Ins. Co. v. FD Event Co., LLC, 2017 U.S. Dist. LEXIS 124400 (C.D. Calif. July 25, 2017).
FD Event owned an amusement attraction known as Free Drop, which was…
The court found that the insured's faulty construction of an outside deck did not arise from an occurrence. Employers Mut. Cas. Co. v. West, 2017 U.S. Dist. LEXIS 113951 (N.D. Miss. July 21, 2017).
D.L. Action Construction Company (DLA) constructed multifamily dwellings. They were sued by the homeowners after a…
The Massachusetts Appeals Court determined that scallops damaged by a cause never determined by the underlying court was sufficient to establish an occurrence under the insured's CGL policy. The Hanover Ins. Group, Inc. v. Raw Seafoods, Inc., 2017 Mass App. LEXIS 49 (Mass. Ct. App. April 26, 2017).
The insured, Raw Seafoods, Inc. (RSI) had…
The insured's involvement in damaging a customer's corn syrup while preparing it to be transported was an occurrence and covered under the CGL policy. Travelers Prop. Cas. Co. of Am. v. United States Container Co., 2017 U.S. App. LEXIS 6602 (3rd Cir. April 18, 2017).
USA Container supplied industrial containers…
