A commentary on insurance coverage issues in Hawaii and beyond
The insured's effort to expand the California Supreme Court's decision in Montrose did not survive the Ninth Circuit's review. City of San Buenaventura v. The Insurance Company of the State of Pennsylvania, 2013 U.S. App. LEXIS13084 (9th Cir. June 26, 2013).
The City of San Buenaventura contracted with a developer to build…
The Georgia Supreme Court has determined that an "occurrence" may arise under a CGL policy even if "other property" is not damaged. Taylor Morrison Servs. v. HDI-Gerling Am. Ins. Co., 2013 Ga. LEXIS 618 (Ga. July 12, 2013).
Taylor Morrison, the insured, was a homebuilder. It was sued in a class action…
The Federal District Court in Virginia found that allegations of faulty workmanship could arise from an occurrence. Nautilus Ins. Co. v. Strongwell Corp., 2013 U.S. Dist. LEXIS 79163 (W. D. Va. June 4, 2013).
Strongwell supplied certain fiberglass reinforced plastic materials to a subcontractor of Black & Veatch for a construction…
The Maine Supreme Court found a homeowner's policy did not cover damages for loss of investment, undisclosed physical problems with the property, and emotional distress. Langevin v. Allstate Ins. Co., 2013 LEXIS Me 54 (Me. June 4, 2013).
The underlying plaintiffs sued the insured after purchasing his home for $315,000. The insured…
The Montana Supreme Court found coverage in a wrongful death case brought against an educational academy and others. Newman v. Scottsdale Ins. Co.,2013 Mont. LEXIS 146 (Mont. May 7, 2013).
The 16-year old girl was residing at the Spring Creek Lodge Academy in Montana at the time of her death. The girl's…
The Alabama Supreme Court found there was no coverage for the insured cabinet maker for claims arising from alleged faulty workmanship. Shane Traylor Cabinetmaker, L.L.C. v. Am. Resources Ins. Co., Inc., 2013 Ala. LEXIS 42 (May 3, 2013).
The insured was sued by a homeowner for property damage caused by faulty workmanship.
Today, I spoke with the HSBA Litigation section about construction defect coverage in Hawaii and the Group Builders' cases. Thank you to all who attended and participated in the discussion. Here are my power point slides from the presentation.
The Missouri Court of Appeal determined that the all sums approach would be utilized for property damage occurring through several policy periods. Doe Run Res. Corp. v. Certain Underwriters at Lloyd's London, 2013 Mo. App. LEXIS 468 (Mo. Ct. App. April 16, 2013).
The insured, Doe Run, was a mining, milling…
In a long running suit regarding thousands of asbestos bodily injury claims brought against Kaiser Cement and Gypsum Corporation, the California appellate court held that the excess carrier's indemnity obligation did not attach until all collectible primary policies were exhausted. Kaiser Cement and Gypsum Corp. v. Ins. Co. of the State of Pennsylvania…
Joining what it called the majority of jurisdictions, the North Dakota Supreme Court found that damage caused by faulty workmanship can be an "occurrence." K&L Homes, Inc. v. Am. Family Mutual Ins. Co., 2013 N.D. LEXIS 61 (N.D. April 5, 2013).
The insured, K&L, was a general contractor who was sued after completing…
