It's now late April. Posting on a decision rendered in March, early March at that, breaches a blogger's protocol. And In Re: Katrina Canal Breaches Consolidated Litigation; Pertains to: Road Home, Louisiana State, No. 05-4182, 2009 U.S. Dist. LEXIS 30406 (E.D. La. March 5, 2009), received press when issued. The case allowed individual claims
First Party Insurance
Insurer Must Pay UIM Benefits Based on Policy Holder’s Joint and Several Liability
By Tred R. Eyerly on
The Hawai`i Intermediate Court of Appeals' (ICA) decision in Liberty Mut. Ins. Co. v. Sentinel Ins. Co., Ltd., No. 27429, 2009 Haw. App. LEXIS 134 (Haw. Ct. App. March 31, 2009) is unpublished and the facts are detailed, but it's a Hawaii insurance-related decision. So we submit the following.
Ms. Labrador, the insured, sustained…
Doctrine of Efficient Proximate Cause Helps Insured Avoid Summary Judgment
By Tred R. Eyerly on
It's an unpublished decision and not certified for publication. Nevertheless, the analysis of the interplay between the anti-concurrent causation clause and the efficient proximate cause doctrine described in Rouland v. Pacific Specialty Ins. Co., G040299, 2009 Cal. App. Unpub. LEXIS 2589 (Cal. Ct. App. March 30, 2009) warrants attention.
The insured's home suffered damage…
Court Unravels Parties’ Burdens under Property Policy
By Tred R. Eyerly on
How does the court assign the burden of proof when a property policy does not clearly state whether it is an all risks or named perils policy? The court faced such a policy in Royale Green Condominium Assoc., Inc. v. Aspen Specialty Ins. Co., No. 07-21404, 2009 U.S. Dist. LEXIS 24349 (S.D. Fla. March 24, 2009).
After Hurricane Wilma…
Fifth Circuit Again Finds in Favor of Policy-Holder
By Tred R. Eyerly on
Continuing its recent trend in post-Katrina cases to find for the policy-holder (see Dickerson v. Lexington Ins. Co., 2008 WL 5295389 (5th Cir. Dec. 22, 2008)[ reviewed hereGrilletta v. Lexington Ins. Co. 2009 U.S. App. LEXIS 276 (5th Cir. Jan. 8, 2009)[reviewed here]), the Fifth Circuit reversed an award of summary judgment in
Insured’s Motion for Summary Judgment on Bad Faith Denied
By Tred R. Eyerly on
The insured moved for summary judgment on bad faith because of the insurer's alleged delayed and incomplete payments after Hurricane Katrina destroyed property. See Plaquemines Parish School Bd v. Indus. Risk Insurers, No. 06-7213, 2009 U.S. Dist. LEXIS 20004 (E.D. La. March 11, 2009).
School buildings operated by the insured …
Insured’s Settlement With Tortfeasor Cannot Eliminate Subrogation Rights
By Tred R. Eyerly on
The issue before the New York Court of Appeals in Fasso v. Independent Health Assoc., No. 21 (N.Y. Feb. 24, 2009) [here] was whether the injured party and the tortfeasor could settle on terms that extinguished the insurer's subrogation rights?
Plaintiff was treated by Dr. Doerr and subsequently developed complications that…
Fifth Circuit Rejects Constructive Total Loss Doctrine To Determine Loss
By Tred R. Eyerly on
At issue in Monistere v. State Farm Fire and Cas. Co., No. 07-31149 (5th Cir. Feb. 17, 2009) [here] was whether the insured homeowners recovered the appropriate amount under their flood policy for damage caused by Hurricane Katrina in August 2005.
The State Farm policy covered: (1) buildings for the amount …
Second Circuit Finds Ambiguity in All Risk Policy
By Tred R. Eyerly on
Whether an "all risk" policy covered a building severely damaged by hidden decay was the issue before the Second Circuit in Dalton v. Harleysville Worcester Mut. Ins. Co., No. 07-3545 (2nd Cir. Feb. 19, 2009).
During the policy period, damage to an interior wall between the insureds' building and the adjacent …
Coverage Class Action Suit Survives Insurer’s Motion for Summary Judgment
By Tred R. Eyerly on
In the latest installment of a coverage class action suit that has bounced between the Eleventh Circuit and the District Court in Florida, the insureds survived a motion for summary judgment. See Mills v. Foremost Ins. Co., Case No. 8:06-CIV-986-T-17-MAP, 2009 U.S. Dist. LEXIS 8851 (Jan. 28, 2008).
The insureds held a mobile home…