A commentary on insurance coverage issues in Hawaii and beyond
The California Court of Appeal considered whether the insured building owner could recover for lost rent, even though it did not have a tenant, after its building was vandalized. Ventura Kester, LLC v. Folksamerica Reinsurance Co., 2013 Ca. Ct. App. LEXIS 723 (Cal. Ct. App. Sept. 11, 2013)
Ventura owned a commercial building. Its…
The District Court determined there was a duty to defend directors under a Not for Profit Organizations insurance policy in one of three lawsuits filed against the insureds. Landing Council of Co-Owners v. Fed. Ins. Co., 2013 U.S. Dist. LEXIS 127989 (S.D. Tex. Sept. 9, 2013).
The Council was a homeowners' association for…
The Sixth Circuit reversed the district court's denial of the insured's claims against an agent for failure to procure proper coverage. Cleveland Indians Baseball Co., L.P. v. New Hampshire Ins. Co. Group, 2013 U.S. App. LEXIS 17629 (6th Cir. Aug. 23, 2013).
The Cleveland Indians contracted with National Pastime Sports to put on "Kids…
The United States District Court in Mississippi determined a case against the flood insurer involving procurement claims were properly remanded to the state court after it had been removed to federal court. Simmons v. Miss. Farm Bureau Cas. Ins. Co., 2013 U.S. Dist. LEXIS 105932 (N.D. Miss. July 29, 2013).
The insured homeowners…
The insurer's motion for summary judgment to deny coverage for the homeowners' fuel oil leak was rejected based upon the policy's ensuing loss provision. Estate of Konell v. Allied Prop. & Cas. Ins. Co., 2013 U.S. Dist. LEXIS 101081 (D. Ore. July 19, 2013).
The insured argued that a windstorm caused a…
The Akamai Money section of yesterday's Honolulu Star-Advertiser published my short article on insurance coverage basics. The article is here.
The Eighth Circuit determined that business property in storage before the insured could transport the property was covered under the "Newly Acquired or Constructed Property" extension of the commercial property policy. Amera-Seiki Corp. v. The Cincinnati Ins. Co., 2013 U.S. App. LEXIS 14893 (8th Cir. July 23, 2013).
The insured imported computerized…
The Ninth Circuit held there is a duty to defend not only a PRP letter issued by the EPA, but also a section 104 (e) letter. Anderson Brothers, Inc. v. St. Paul Fire and Marine Ins. Co., 2013 U.S. App. LEXIS 18156 (9th Cir. Aug. 30, 2013).
The insured received two letters…
Notice of a claim from the additional insured was sufficient even though the named insured failed to give proper notice as required by the policy. Mt. Hawley Co. v. Robinette Demolition, Inc., 2013 Ill. App. LEXIS 499 (Ill. Ct. App. July 26, 2013).
Robinette and Cobra Concrete Cutting Service, Inc. entered an…
