A commentary on insurance coverage issues in Hawaii and beyond
The Fourth Circuit affirmed the district court's holding that data breach claims were a covered publication. Travelers Indem. Co. of Am. v. Portal Healthcare Solutions, L.L.C., 2016 U.S. App. LEXIS 6554 (4th Cir. April 11, 2016).
A class-action complaint was filed against Portal Healthcare Solutions alleging that Portal allowed plaintiffs' private medical…
Reliance on the policy's "other insurance" provision did not excuse the insurer from contributing to the defense of a common insured. Certain Underwriters at Lloyds v. Arch Specialty Ins. Co., 2016 Ca. App. LEXIS 275 (Cal. Ct. App. April 11, 2016).
Lloyds and Arch were both primary insurers of Framecon, Inc. Lloyds…
The South Carolina Court of Appeals found there was no coverage for an inverse condemnation action based upon the policy's pollution exclusion. South Carolina Ins. Reserve Fund v. E. Richland County Public Service District, 2016 S. C. App. LEXIS 32 (S.C. Ct. App. March 23, 2016).
In 2010, Coley Brown filed a complaint…
The insurer denied the insured restaurant's claim for food spoilage and loss of business income when a flood elsewhere caused a power outage. N. Spy Food Co., LLC v. Tower Nat'l. Ins., 2016 N.Y. Misc. LEXIS 1033 (N.Y. Sup. Ct. March 22, 2016).
Tower denied the claim based on an…
The insured's motion for summary judgment was granted, paving the way for recovery for property loss and business interruption. Nat'l Union Fire Ins. Co. of Pittsburgh, Pa. v. TransCanada Energy USA, Inc., 2016 N.Y. Misc. LEXIS 1027 (N.Y. Sup. Ct. March 2, 2016).
TransCanada purchased a power plant on August 26, 2008, for…
The 2016 Hawaii legislative session passed five insurance-related bills. Bills that have been enacted are the following:
HB 260 - The bill establishes motor vehicle insurance requirements for transportation network companies and drivers that will take effect on September 1, 2016. The Insurance Commissioner is directed to examine the effects of this measure on…
The court rejected the insurer's argument that two triggers – one for exposure to asbestos and one for resulting injury – were required under CGL policies. Compass Ins. Co. v. University Mechanical and Engineering Contractors, Inc., 2016 U.S. Dist. LEXIS (N.D. Cal. March 25, 2016).
University Mechanical and Engineering Contractors, Inc. (UMEC)…
The Rhode Island Supreme Court agreed that the insurer had no coverage obligations for bodily injury occurring after the policy had been canceled. Hoesen v. Lloyd's of London, 2016 R.I. LEXIS 41 (R.I. March 24, 2016).
The plaintiff, Mark Van Hoesen, was seriously injured on July 23, 2012, when he fell…
The court determined that an umbrella carrier was obligated to assist the general liability insurer in defending the insured. Am. States Ins. Co. v. Insurance Company of the State of Pennsylvania, 2016 U.S. Dist LEXIS 38128 (E.D. Cal. March 23, 2016).
Sierra Pacific Industries obtained rights to timber harvesting operation on a…
The appellate court reversed, in part, determining that the insurer had a duty to defend. Cumberland Farms, Inc. v. Tower Group, Inc., 2026 N. Y. App. Div. LEXIS 2039 ( Supr. Ct. N. Y. App. Div. March 23, 2016).
In 2008, the underlying plaintiff was injured when he tripped and fell on a…
