A commentary on insurance coverage issues in Hawaii and beyond
An exclusion for firearms in a CGL policy barred coverage despite the insured's argument that the concurrent causation doctrine should apply. Capitol Specialty Ins. Corp. v. JBC Entertainment Holdings, Inc., 2012 Wash. App. LEXIS 2835 (Wash. Ct. App. Dec. 10, 2012).
The coverage dispute arose when an unknown person fired a gun…
The current issue of the University of Hawaii Law Review includes an article I co-authored entitled, “Key Issues in Hawaii Insurance Law Answered by the Moon Court.” My co-authors include Hazel Beh, Keith Hiraoka, Peter Olson, Michael Tanoue, and Alan Van Etten. The Moon Article is available at 33 U. Haw. L. Rev. 779…
The Fifth Circuit held that under Texas law, conclusory allegations of property damage in the underlying complaint did not trigger the insurer's duty to defend. PPI Tech. Serv., L.P. v. Liberty Mut. Ins. Co., 2012 U.S. App. LEXIS 24571 (5th Cir. Nov. 29, 2012).
Royal Production Company was the lessor and operator…
The Georgia Court of Appeals found a subcontractor was covered under a CGL policy for loss caused by alleged faulty workmanship. Maxum Indem. Co. v. Jimenez, 2012 Ga. App. LEXIS 970 (Ga. Ct. App. Nov. 20, 2012).
Jimenez was hired as a subcontractor to install pipes for a dormitory construction project at…
The court analyzed the impact of the policy exclusion barring coverage where one insured sued another. Gemini Ins. Co. v. Delos Ins. Co., 2012 Cal. App. LEXIS 1230 (Cal. Ct. App. Dec. 5, 2012).
Delos insured Bobby's, a restaurant, located in the Loch Lomond Marina, San Rafael, California. The landlord was Loch…
We passed our fifth anniversary for this blog earlier this month. It has been an interesting journey, over 630 posts now, unquestionably a self-education in insurance issues, as well as a mechanism for connecting with others.
And we have readers, too. Again, thanks for the support this year, compelling us search for material worth…
The South Carolina Supreme Court held that the legislative definition expanding the meaning of "occurrence" to include damage resulting from faulty workmanship cannot be applied retroactively. Harleysville Mut. Ins. Co. v. The State of South Carolina, 2012 S.C. LEXIS 270 (S.C. Nov. 21, 2012).
The South Carolina legislation, Act No. 26, was…
Lucian Manganella was the president and sole shareholder of Jasmine, a clothing retailer. See Manganella v. Evanston Ins. Co., 2012 U.S. App. LEXIS 24360 (1st Cir. Nov. 27, 2012). Donna Burgess, whose sexual harassment allegations against Manganella formed the underlying claims, was Jasmine's human resources manager from 1997 to 2006.
In 2005, Manganella…
The Eleventh Circuit certified a question to the Georgia Supreme Court, asking whether property damage can constitute an "occurrence" under a CGL policy where its effects are not felt on "other property." HDI-Gerling Am. Ins. Co. v. Morrison Homes, Inc., 2012 U.S. App. Ct. LEXIS 23813 (11th Cir. Nov. 19, 2012).
The general contractor…
The insurance agent's motion for summary judgment was denied where issues of fact existed regarding his failure to obtain specifically requested coverage. Am. Building Supply Corp. v. Petrocelli Group, Inc., 2012 N.Y. LEXIS 3476 (N.Y. Nov. 19, 2012).
The insured was a tenant of a building from which it sold and furnished building materials to…
