A commentary on insurance coverage issues in Hawaii and beyond
In a case involving destruction of a mobile home by Hurricane Ivan, the Florida Court of Appeal addressed proper jury instructions regarding the burden of proof under an anti-concurrent causation clause. Citizens Prop. Ins. Corp. v. Hamilton, 2010 Fla. App. LEXIS 9885 (Fla. Ct. App. July 7, 2010).
The insureds had both a…
In Tiara Condominium Assoc., Inc. v. Marsh & McLennan Co., Inc., 2010 U.S. App. LEXIS 10835 (5th Cir. May 27, 2010), it was unclear whether, under Florida law, the economic loss rule foreclosed claims for negligence and breach of fiduciary duty against the insurance broker. Accordingly, the Fifth Circuit certified the question to the Florida…
The insured cardiologist obtained a disability policy from Lloyd's in 1999. See Lagstein v. Certain Underwriters at Lloyd's, London, 2010 U..S. App. LEXIS 11836 (9th Cir. June 10, 2010). In the event of disability, Lloyd's agreed to pay the insured $15,000 per month for up to sixty months.
In 2001, the…
In Bradley v. Allstate Ins. Co., 2010 U.S. App. LEXIS 9510 (5th Cir. May 10, 2010), the policy's total loss provision was found ambiguous. The case was remanded a factual determination on the amount to which the insureds were entitled for loss of their home.
Hurricane Katrina totally destroyed the insureds' home, leaving only a…
Determining the "Cost of Replacement" of the insureds' home was before the court in Nunez v Allstate Ins Co., 2010 U.S. App. LEXIS 8362 (5th Cir. April 20, 2010).
The insureds' home in Louisiana was destroyed by Hurricane Katrina. The insureds received flood policy limits of $75,000 for structural damage and $30,000…
The insurer's right to compel an appraisal under the policy was addressed in In Re Capitol County Mut. Fire Ins. Co., 2010 Tex. App. LEXIS 3060 (Tex. Ct. App. April 27, 2010).
Following Hurricane Ike, the insured submitted a claim for damage to her home to the insurer, Capitol County. After determining the…
The issue in Fabozzi v. Lexington Ins. Co., 2010 U.S. App. LEXIS 7040 (2nd Cir. April 6, 2010), was whether the limitations period for suit against the insurer was triggered when damage to the insureds' home occurred or when all the conditions precedent to filing suit had been met.
When first issuing…
Plaintiff's home was damaged by Hurricane Katrina on August 29, 2005. See Bridges v. EMC Mortgage Corp., 2010 U.S. Dist. LEXIS 18433 (S.D. Miss. March 2, 2010). She filed suit against her insurer, Liberty Mutual. In her amended complaint, the plaintiff added her mortgage company, EMC, as a defendant, alleging EMC failed to…
The ABA’s Section of Litigation, Insurance Coverage Litigation Committee’s annual conference was held in Tucson last week. Rina Carmel and I led a lively discussion on applicable triggers for property policies. Although the manifestation of an injury has been used by some courts to trigger a property policy, the injury-in-fact trigger has more recently been adopted by other courts. The outline for our presentation is here.
Is damage caused by snow melt excluded under a homeowner's policy because it constitutes standing water? The court answered yes in Northwest Bedding Co. v. Nat. Fire Ins. Co. of Hartford, No. 28044-6, 2010 Wash. App. LEXIS 299 (Wa. Ct. App. Feb. 11, 2010).
The Spokane area, where the insured's buildings were located, experienced…
