A commentary on insurance coverage issues in Hawaii and beyond
The court found that stacking of interruption coverages was allowed based up the language of the policy. Lion Oil Co. v. Nat'l Union Fire Ins. Co., 2015 U.S. Dist. LEXIS 148261 (W.D. Ark. Nov. 2, 2015).
The insured's oil line was ruptured, causing an interruption of crude oil delivery service. The…
This month we hit eight years at this blog. We started in December 2007, 936 posts ago. 101 posts for the past year.
Two Damon Key blogs pre-date and continue to set the standard for this blog. Robert Thomas has long maintained www.inversecomdemnation.com [here]. And Mark Murakami started…
The court found there was no coverage regarding aesthetic uniformity between new materials installed after water damage occurred and the rest of the building. Great Am. Ins. Co. of New York v. The Towers of Quayside No. 4 Condominium Assoc., Case No. 15-CV-20056-King (U.S. Dist. Ct., S.D. Fla., Nov. 5, 2015).
The…
One insurer could not escape equitable subrogation on the basis of its "other insurance" provision on the theory that the second insurer was responsible for all of the co-insured's defense costs. Underwriters of Interest v. ProBuilders Spec. Ins. Co., 2015 Cal. Ct. App. LEXIS 936 (Cal. Ct. App. Oct. 23, 2015).
Underwriters issued…
Refusing to give the sublimit in a flood policy an expansive reading, the court found that the sublimit did not apply to business interruption loss. Federal-Mogul Corp. v. Ins. Co. of Pa., 2015 U.S. Dist. LEXIS 137394 (E.D. Mich. Oct. 8, 2015).
The insured's facility in Thailand was damaged by flood. The…
The West Virginia Supreme Court of Appeals found there was no coverage for the contractor's faulty workmanship in constructing a home. State of W. Virginia ex rel. Nationwide Mut. Ins. Co. v. The Honorable Ronald E. Wilson, 2015 W. Va. LEXIS 963 (W. Va. Oct. 7, 2015).
In July 2009, Fred Hlad…
The insurer's and insured's intent as to which entities were to be insured prevented the insurer's motion for summary judgment. Chaus v. State Farm Fire & Cas. Co., 2015 U.S. Dist. LEXIS 136311 (E.D. La. Oct. 5, 2015).
Water damage from a broken pipe occurred at the insured's building. Blaze Chaus LLC…
The Illinois Appellate Court affirmed the trial court's ruling that the insured was only entitled to the actual cost value of his loss, not the replacement cost. Lytle v. Country Mutual Ins. Co., 2015 Ill. App. LEXIS 756 (Sept. 30, 2015).
The insured's home was built around 1903. On June 21…
The Seventh Circuit found that the insured's illegal recording of conversations with customers did not constitute a publication under the insured's liability policy. Defender Security Co. v. First Mercury Ins. Co., 2015 U.S. App. LEXIS 17116 (7th Cir. Sept. 29, 2015).
A class action complaint was filed in California, alleging that Defender…
The Nevada Supreme Court, responding to certified questions, determined that an insurer must provide independent counsel for its insured when a conflict of interest arises between the insurer and insured. State Farm Mut. Auto. Ins. Co. v. Hansen, 2015 Nev. LEXIS 86 (Nev. Sept. 24, 2015).
The insured struck the vehicle of…
