In St. Paul Mercury Ins. Co. v. The Viking Corp., No. 07-1948 (7th Cir. Aug. 21, 2008), the insurer paid for damages to the insured’s building and then filed suit against a fire sprinkler manufacturer. The insured occupied its building for six months when a fire sprinkler manufactured by Viking was activated
First Party Insurance
Insurer not Bound by Insured’s Factually Deficient Discovery Responses in Subrogation Litigation
By Tred R. Eyerly on
When an insurer pursues a subrogation claim, can the defendant rely on the insureds’ factually deficient discovery responses in a motion for summary judgment? The court in Great American Ins. Co. v. Gordon Trucking, Inc., F053336 (Cal. Ct. App. July 29, 2008) held the defendant could not rely on the insureds’ factually…
Colorado Court Confirms Policy’s Anti-Concurrent Causation Clause
By Tred R. Eyerly on
Imagine an case involving a policy’s anti-concurrent causation clause which (1) does not arise from a Gulf State; and (2) does not concern the flood/wind dichotomy. A recent case fits this criteria: Colorado Intergovernmental Risk Sharing Agency v. Northfield Ins. Co., 2008 Colo. App. LEXIS 1165 (Colo. Ct. App. July 24, 2008).
Coverage Denied Based in Insufficient Proof of Loss Form
By Tred R. Eyerly on
The plaintiff in Evanoff v. The Standard Fire Ins. Co., 2008 U.S. App. LEXIS 15261 (6th Cir. July 18, 2008) suffered flood damage at his condominium. He had purchased a Standard Flood Insurance Policy from Standard Fire for his condominium and its contents. The terms of the policy were governed by 44…
Doctrine of Efficient Proximate Cause Alive and Well in Washington
By Tred R. Eyerly on
Under the doctrine of proximate cause, where a peril specifically insured against sets in motion other causes which, in an unbroken sequence between the act and final loss, produces the result for which recovery is sought, the insured peril is regarded as the "proximate cause" of the entire loss and coverage exists. The…
Hawaii Federal District Court Finds No Duty to Defend or Indemnify Under Homeower’s Policy
By Tred R. Eyerly on
Perhaps the most surprising aspect of a recent decision by the Hawaii Federal District Court is that the insurer agreed to defend under a homeowner’s policy, albeit under a reservation of rights.
In Allstate Ins. Co. v. Sylvester, 2008 U.S. Dist. LEXIS 42386 (D. Haw. May 21, 2008), the insured…
Allstate Agrees to Reinstate Hundreds of Homeowners’ Policies in Louisiana
By Tred R. Eyerly on
We are in no hurry for another hurricane to strike Hawaii. Hurricane Katrina, however, has created many interesting insurance-related issues. if and when a hurricane strikes Hawaii again, resolution of these issues are bound to impact Hawaii insurance law.
The Associated Press reports Allstate will restore coverage for hundreds of customers…
Florida Keeps Property Insurers on Hot Seat
By Tred R. Eyerly on
The New York Times reports that a special Florida State Senate committee is conducting hearings this week to investigate the soaring cost of hurricane insurance. After the 2004 and 2005 hurricane seasons, insurance companies complained about huge cost increases because of rising prices of reinsurance, the coverage they purchase for catastrophic events. Last
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California Court Finds Efficient Proximate Cause Doctrine Not Applicable in Denying Coverage
By Tred R. Eyerly on
The California Court of Appeal issued a decision this week analyzing the applicability of the Efficient Proximate Cause Doctrine in denying coverage under a homeowners policy. De Bruyn v. The Superior Court, B198622, Court of Appeal of the State of California, Second Appellate District.
California has codified the Efficient Proximate…
Homeowner’s Policy Limits Coverage for Additional Insureds to Vicarious Liability
By Tred R. Eyerly on
In Garcia v. Federal Ins. Co., Case No. SC06-2524 (Fla., Oct. 25, 2007), the Florida Supreme Court recently analyzed certified questions from the Eleventh Circuit regarding coverage for an additional insured under a homeowner’s policy. The issue was whether the policy’s coverage of the additional insured was limited to vicarious liability for
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