After the lower court granted summary judgment to Omni Hotels and Resorts’ claim for coverage due to COVID-19 losses, the Texas Court of Appeals reversed, in part, based upon language in some of the insurers’ policies. TRT Holdngs, Inc. v. Ace Am. Ins. Co., 2025 Tex. App. LEXIS 7407 (Texas Ct. App. Sept. 18
Excess Coverage
Court Addresses Insurers’ Dispute Over Which is Primary, Which is Excess
By Tred R. Eyerly on
The court considered cross-motions for summary judgment to determined which carrier was primary and which was excess for coverage of bodily injury. Travelers Indemn. Co. v. Hudson Excess Ins. Co., 2025 U.S. Dist. LEXIS 110298 (S.D. N. Y. June 10, 2025).
21 West 86 LLC, the owner of a building…
Excess Policy that Follows Form Does Not Agree to Pay Defense Costs
By Tred R. Eyerly on
The Texas Supreme Court determined that language in the following form excess policy did not obligate it to defend the insured. Ohio Cas. Ins. Co. v Patterson UTI Energy, Inc., 2025 Tex. LEXIS 1123 (Tex. Sup. Ct. Dec. 20, 2024).
Patterson provided oil-and-gas equipment and services. Patterson was insured by…
Dispute Over Policy’s Aggregate Limit Addressed
By Tred R. Eyerly on
The federal district court rejected the insured's argument and held that the policy's Limit of Liability section placed an annual cap on the aggregate limits available under the policy. Evanston Ins. Co. v. Roman Catholic Bishop of Orange, 2024 U.S. Dist. LEXIS 229122 (C.D. Cal. Dec. 17, 2024).
John OC-5…
Hawaii Intermediate Court of Appeals Reverses Lower Court’s Dismissal of Insureds’ Claims Arising from Work-Related Death
By Tred R. Eyerly on
The court reversed dismissal of all claims against the insurers for a work-related death after determining that policy exclusions conflicted with statutory mandates on coverage. Waiau, et al. v. Hawaii Employers' Mut. Ins. Co, Inc., et al., 2024 Haw. App, LEXIS 583 (Haw. Ct. App., Dec. 31, 2014).
Amos K.
California Supreme Court Finds Vertical Exhaustion Applies to First-Level Excess Policies
By Tred R. Eyerly on
Addressing issues left open in its seminal decision in Montrose, the California Supreme Court found that the language in the first-level excess policies meant that the insured could access the policies upon exhaustion of the directly underlying policies purchased for the same policy period. Truck Ins. Exchange v. Kaiser Cement & Gypsum …
Excess Policy Not Triggered Despite Dissolution of Primary Carrier
By Tred R. Eyerly on
The excess carrier did to have to contribute to the defense and indemnity of the insureds because the dissolution of one of the primary carriers meant full exhaustion had not been accomplished. Continental Cas. Co., et al. v. Argonaut Ins. Co., et al., 331 Ore. App. 26 (Or. Ct. App. 2024).
…
Harvard’s Claim Rejected for Untimely Notice
By Tred R. Eyerly on
Harvard College's claim for excess coverage was properly denied for failure to provide timely notice on a claims-made policy. President and Fellows of Harvard College v. Zurich Am. Ins. Co., 2023 U.S. App. LEXIS 20715 (1st Cir. Aug. 9, 2023).
Harvard had a one year liability policy with National Union…
No Duty to Defend Faulty Workmanship Under Hawaii Law, but All is not Lost for Insured Contractor
By Tred R. Eyerly on
The federal district court found no duty to defend claims of faulty workmanship under certain policies issued to the insured contractor, but rejected arguments made by the Insurers regarding various provisions of the general liability and excess policies. St. Paul Fire & Marine Ins. Co. v. Bodell Consr. Co., 2022 U.S. Dist.
Indemnity Provision Prevails Over “Other Insurance” Clause
By Tred R. Eyerly on
The Second Circuit predicted that the New York appellate courts would find the contractual indemnity provision prevailed over the application of an "other insurance" provisions. Cent. Sur. Co. v. Metro. Transit Auth., 2021 U.S. App. LEXIS 29860 (2nd Cir. Oct. 5,2021).
Long Island Railroad (LIRR) contracted with general contractor…