The federal district court, district of Hawaii, recently granted the insured’s motion for remand. Catholic Foreign Mission Society of Am., Inc. v. Arrowood Indem. Co., Civ. No. 14-00420, Order Granting Plaintiff’s Motion for Remand and Denying Defendants’ Motion to Dismiss or Transfer (D. Haw. Dec. 30, 2014) [Order here]. [Full disclosure
Additional Insurance Coverage Determined for General Contractor
A series of communications requiring the subcontractor to provide additional insured coverage for the contractor were sufficient to fit within the policy's provision identifying additional insureds. KB Home Tucson, Inc. v. The Charter Oak Fire Ins. Co., 2014 Ariz. App. LEXIS 228 (Ariz. Ct. App. Nov. 25, 2014).
KB, the general…
Conditional Judgment On Replacement Costs Awarded
The appellate court determined that a conditional judgment on replacement costs was appropriate after the insurer denied coverage. Stephens & Stephens XII, LLC v. Fireman's Fund Ins. Co., 2014 Cal. App. LEXIS 1073 (Cal. Ct. App. Nov. 24, 2014).
Stephens operated a large industrial warehouse. It initially purchased a commercial liability policy…
Insurer Has Duty to Defend Additional Insured in Construction Defect Case
The court denied the insurer's motion for summary judgment, holding that the insurer had a duty to defend the additional insured against claims for construction defects. Centex Homes v. Lexington Ins. Co., 2014 U.S. Dist. LEXIS 164472 (C.D. Cal. Nov. 24, 2014).
Centex contracted with Gateway Concrete, Inc. to install concrete foundations…
Noncumulation Clause Limits Coverage to One Occurrence
Injury suffered by children of different families living at different times in the same apartment was limited to one occurrence under the policy's noncumulation clause. Nesmith v. Allstate Ins. Co., 2014 N.Y. LEXIS 3350 (N.Y. Nov. 25, 2014).
The landlord had a liability policy issued by Allstate. The declarations page stated there…
Failure to Comply with Contract Leaves No Additional Insured Coverage
Indemnity obligations and additional insured coverage were at issue in Strauss Painting, Inc. v. Mt. Hawley Ins. Co., 2014 N.Y. LEXIS 3347 (N.Y. Nov. 24, 2014).
Strauss Painting, Inc. (Strauss) contracted with the Metropolitan Opera Association, Inc. (the Met) to strip and repaint the rooftop steel carriage track for the opera house's…
Bad Faith Claim for Investigation Fails
The insurer prevailed in summary judgment, disposing of the insured's bad faith claim based upon the investigation of the loss. Nino v. State Farm Lloyds, 2014 U.S. Dist. LEXIS 163993 (S.D. Tex. Nov. 24, 2014).
The insured filed a claim with State Farm for damage resulting from a hailstorm on March 29…
Continuous Injury Trigger Applied to Property Loss
The Seventh Circuit Court of Appeals predicted that the Wisconsin appellate courts would apply the continuous injury trigger to find coverage after the policy expired for damage caused by water infiltration. Strauss v. Chubb Indem. Ins. Co., 2014 U.S. App LEXIS 21794 (7th Cir. Nov. 18, 2014).
The insureds built their home in…
Insurers Dispute Coverage for Accident On Tractor-Trailer
Focusing on the facts surrounding the accident determined which of two insurers' policies were responsible for covering a serious injury to a worker. Nat. Am Ins. Co. v. Harleysville Lake State Ins. Co., 2014 U.S. Dist. LEXIS 160593 (S.D. Ind. Nov. 14, 2014).
Venture Logistics, Inc. offered trucking and warehouse services to…
Hey, This Blog is Seven Years Old!
We hit seven years of blogging this month. We started in December 2007, 835 posts ago.
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 at www.oceanlawhawaiil.com [here] a couple…