A commentary on insurance coverage issues in Hawaii and beyond
The Ninth Circuit reversed the district court's award of summary judgment to the insurer after analyzing the known loss provision in the insured subcontractor's policy. Kaady v. Mid-Continent Cas. Co., 2015 U.S. App. LEXIS 10754 (9th Cir. June 25, 2015).
The insured was awarded a subcontract to install manufactured stone at the…
The California Court of Appeal offered a primer in the appraisal process in reversing the trial court's confirmation of the appraisal award. Lee v. California Capital Ins. Co., 2015 Cal. App. LEXIS 530 (Cal. Ct. App. June 18, 2015).
A fire damaged an apartment building owned by the insured. The fire started…
In a dispute between two insurers, the district court determined that the contractor was not an additional insured under the subcontractor's policy. Navigators Spec. Ins. Co. v. St. Paul Surplus Lines Ins. Co., 2015 U.S. Dist. LEXIS 79338 (N. D. Cal. June 17, 2015).
McDevitt & McDevitt Construction Corporation was the general…
The Seventh Circuit affirmed the district court's determination that cosmetic damage to the insured's roof was covered. Advance Cable Co., LLC v. Cincinnati Ins. Co., 788 F. 3d 743 (7th Cir. 2015).
The insured submitted a claim to its insurer, Cincinnati, for damage to the metal roof of its building caused by a…
The federal district court applied California law to find there was no coverage when the subcontractor was sued for broken tiles on a project. Am. Home Assur. Co. v. SMG Stone Co., 2015 U.S. Dist. LEXIS 75910 (N. D. Cal. June 11, 2015).
The subcontractor installed stone floor tiles at the project.
The court determined that there was a duty to defend allegations that included sexual assault. Med. Malpractice Joint Underwriting Ass'n of R.I. v. Charlesgate Nursing Ctr., 2015 R.I. LEXIS 76 (R.I. June 5, 2015).
A resident of Charlesgate alleged that one of the employees, a certified nursing assistant, sexually assaulted her.
A Builders Risk policy's ensuing loss exception to the exclusion for defective design was held inapplicable. Performing Arts Cmty. Improvement Dist. v. Ace Am. Ins. Co., 2015 U. S. Dist. LEXIS 71592 (W. D. Mo. June 3, 2015).
Plaintiff oversaw the design and construction of a parking garage. The project included installation…
The First Circuit reversed the district court's denial of the insureds' claim for coverage despite not being able to locate the actual policy. Cardigan Mt. School v. N.H. Ins. Co., 2015 U.S. App. LEXIS 8725 (1st Cir. May 27, 2015).
In 2013, the school received a demand letter asserting a claim based…
The Ninth Circuit determined that a mudslide destroying the insureds' home may be covered as a direct loss due to fire that preceded the mudslide. Stankova v. Metro. Prop. & Cas. Ins. Co., 2015 U.S. App. LEXIS 8935 (9th Cir. May 29, 2015).
The insureds' garage was destroyed by a massive fire…
In response to a certified question from the Ninth Circuit, the Washington Supreme Court recently found that collapse in a property policy means "substantial impairment of structural integrity." Queen Anne Park Homeowners Ass'n v. State Farm Fire & Cas. Co., 2015 Wash. LEXIS 695 (Wash. June 18, 2015).
Queen Anne Park…
