A commentary on insurance coverage issues in Hawaii and beyond
In responding to a certified question, the New Hampshire Supreme Court held that the excess carrier's duty to defend is not triggered until the primary's insurer's policy is exhausted. Old Republic Ins. Co. v. Stratford Ins Co., 2016 N.H. LEXIS 8 (N.H. Jan. 26, 2016).
Old Republic and Stratford each provided coverage…
The Montana Supreme Court held that ambiguous language in the excess policy regarding aggregates provided an additional $4 million in CGL coverage. Westchester Surplus Lines Ins. Co. v. Keller Transport, Inc., 2016 Mont. LEXIS 9 (Mont. Jan. 12, 2016).
The insureds' tanker truck overturned and spilled 6,380 gallons of gasoline.
The insured failed to present any argument for excess coverage after the insolvency of the primary carrier. Canal Ins. Co. v. Montello, Inc., 2015 U.S. App. LEXIS 20625 (10th Cir. Nov. 27, 2015).
Montello distributed an oil drill containing asbestos between 1966 and 1985. Montello was sued by individuals claiming injuries due…
The insurer's argument that a contractual indemnity provision in favor of the insured acted as an "other insurance" provision failed before the Fifth Circuit. Cameron Int'l Corp. v. Liberty Ins. Underwriters, Inc., 2015 U.S. App. LEXIS 20115 (5th Cir. Nov. 19, 2015).
In an insurance dispute arising out of the Deepwater Horizon…
The Indiana Supreme Court reversed summary judgment issued to reinsurer Continental Casualty Company (CNA) and determined it must reimburse the insured for settlement costs under the E & O policy. Wellpoint, Inc., et al. v. National Union Fire Ins. Co. of Pittsburgh, PA, et al., 2015 Ind. LEXIS 316 (Ind. April 22, 2015). …
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 &…
An exclusion for the liability of "any insured" for assault and battery precluded coverage for the Diocese sued in a sexual abuse case. Interstate Fire & Cas. Co., Inc. v. Roman Catholic Church of the Diocese of Phoenix, 2014 U.S. App. LEXIS 14735 (9th Cir. July 30, 2014).
The Diocese settled four…
When two boys drowned at a summer camp, the issue arose as to whether there were one or two occurrences. Fellowship of Christian Athletes v. AXIS Ins. Co., 2014 U.S. App. LEXIS 13176 (8th Cir. July 11, 2014).
The two boys could not swim, and their camp permission forms indicated that they…
The Fifth Circuit determined that the Umbrella policies took effect once the primary insurance was exhausted by claims not covered by the Umbrella policies. Indem. Ins. Co. of N. Am. v. W&T Offshore, 2014 U.S. App. LEXIS 11775 (5th Cir. June 23, 2014).
W&T had primary and Umbrella/Excess coverage to…
The federal district court determined the excess carrier's declaratory judgment action to establish it had no coverage obligations should be stayed while the underlying case was still pending. Scottsdale Ins. Co. v. Ortiz & Assocs., 2014 U.S. Dist. LEXIS 64286 (D. Ore. May 9, 2014).
The subcontractor's employee was killed on the…
