In Southern Surgery Center, LLC v. Fidelity and Guaranty Ins. Co., 2008 U.S. Dist. LEXIS 79971 (S. D. Miss., Oct. 8, 2008), United States Fidelity and Guaranty Company ("USF&G") insured a building owned by Southern Development Resources, LLC ("SDR"). A different insurer, Fidelity and Guaranty Insurance Company, insured two other companies related
First Party Insurance
Insurer Not Entitled to Summary Judgment When Repairs Uncompleted
By Tred R. Eyerly on
If an insurer pays for repairs to a building based on the insured’s preliminary estimate of damage, does the insured have further obligations to pay for property damage? This was one of the issues in Chateau Argonne Condominium Assoc. v. State Farm Ins. Co., 2008 U.S. Dist. LEXIS 70917 (E.D. La. Sept.
Hawaii Federal Court Finds Insured’s Claim Barred By Policy’s Limitation Period
By Tred R. Eyerly on
In Laeroc Waikiki Parkside, LLC v. Westchester Fire Ins. Co., 2008 U.S. Dist. LEXIS 65711 (D. Haw. Aug. 22, 2008), the Federal District Court of Hawaii determined the insured’s claim for coverage was time-barred under the policy’s two-year limitation period.
The insured purchased a hotel on August 24, 2001. It…
Insurer’s Subrogated Breach of Warranty Claim Fails
By Tred R. Eyerly on
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…
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…