A commentary on insurance coverage issues in Hawaii and beyond
A U.S. District Court in Washington found coverage in what it described as a text book study of the efficient proximate cause rule. Hiller v. Allstate Pro. & Cas. Ins. Co., 2012 U.S. Dist. LEXIS 84862 (E.D. Wash. June 19, 2012).
The Hillers purchased a newly constructed home in December 2006. They also purchased an…
My Damon Key blogging colleague, Rebecca Copeland at www.Recordonappeal.com., reports here that the Hawaii Supreme Court accepted certiorari in Willis v.Swain, First Insurance Company of Hawaii, Ltd., No. SCWC-29539. Our post on the Hawaii Intermediate Court decision is here. The case involves whether the insurance company owes a duty of good faith in…
The Minnesota Supreme Court held that the phrase "amount of loss" permits the appraiser to determine not only the cost but also the cause of the loss. Quade v. Secura Ins., 2012 Minn. LEXIS 244 (Minn. June 13, 2012).
The insureds suffered extensive damage to buildings on their farm due to a windstorm. They were…
The Ninth Circuit determined that under California law, the insurer's failure to attempt to reach a settlement after it was reasonably clear that the insured's liability would exceed policy limits breached the covenant of good faith and fair dealing. Du v. Allstate Ins. Co., 2012 U.S. App. LEXIS 11755 (June 11, 2012 9th Cir.)…
An agent's potential liability for misrepresenting the status of the property's flood coverage was at issue in Witlowski v. Richard W. Endlar Ins. Agency, 2012 Mass. App. LEXIS 192 (Mass. Ct. App. May 29, 2012).
Plaintiff resided in the basement of a condominium unit. The condominium was located in a floodplain and designated…
The anti-concurrent clause in a homeowner's policy barred coverage for damage caused by hidden seepage. Boazova v. Safety Ins. Co., 2012 Mass. LEXIS 462 (Mass. May 29, 2012).
The insured had a concrete patio built along the rear wall of her house at a grade higher than the home's foundation. Years later…
Finding coverage under the ensuing loss provision, the Washington Supreme Court overruled a Court of Appeals decision we previously reported here. Vision One, LLC v. Philadelphia Indem. Ins. Co., 276 P.3d 300 (Wash. 2012).
Vision developed a condominium project. Before concrete was poured, a subcontractor supplied the shoring to temporarily support…
The Washington Supreme Court reversed the Court of Appeals' decision that the ensuing loss provision provided coverage for a deck that collapsed due to rot and decay. Sprague v. Safeco Ins. Co. of Am., 2012 Wash. LEXIS 375 (Wash. May 17, 2012). Our prior post on the Court of Appeals' decision is here…
Plaintiff owned a restaurant in downtown Nashville, Tennessee. Historic flooding occurred in May 2010,which included the flooding of of the Cumberland River in downtown Nashville. Plaintiff contends that on May 4, 2010, water began seeping up through the sewer lines into the business. OBE Insurance Corporation denied coverage.
The policy excluded losses "caused…
The federal district court determined that under Alabama law, there was no coverage for breach of contract claims arising from alleged construction defects. Owners Ins. Co. v. Shep Jones Constr., Inc., 2012 U.S. Dist. LEXIS 62085 (N.D. Ala. May 3, 2012).
The insured entered a contract with the homeowner to remodel her…
