A commentary on insurance coverage issues in Hawaii and beyond
In a brief decision, the federal district court denied the insurer's motion for summary judgment on the insured's bad faith claims. Gulf Prod. Co. Inc. v. Hoover Oilfield Supply, Inc., 2012 U.S. Dist. LEXIS 3390 (E.D. La. Jan. 11, 2012).
The insured was sued for a defective flowline that allegedly splayed when pressure tested below…
Through the efforts of Mihoko Ito, Esq. and Gary Slovin, Esq., the Hawaii State Bar Association is tracking variouscategories of legislation during the current session. Based upon Mihoko and Gary's efforts, below is a summary of the insurance related bills the legislature is considering.
HB 1688– The bill increases the…
See the post here by Anna Oshiro, my Damon Key blogging colleague, on a significant ruling that the insurers must defend in a construction defect case. As Anna reports, Judge Patrick Border has issued a minute order in Coastal Constr. Co., Inc. v. N. Am. Specialty Ins. Co., Civil No. 11-1-0417-03, Circuit Court, First Circuit…
The ABA, Section of Litigation, Insurance Coverage Litigation Committee's annual insurance seminar will be held again this year in Tucson from March 1-3, 2012. As always, this year's conference will offer a number of informative, cutting edge sessions on a variety of insurance-related topics. Participants from across the country with varying perspectives on insurance coverage will attend. …
Following the jurisprudence set forth by the Hawaii Supreme Court, the Intermediate Court of Appeals affirmed the trial court's rejection of the insured's claim for bad faith. Stewart v. State Farm Mut. Auto. Co., 2012 Haw. Ct. App. LEXIS 148 (Haw. Ct. App. Feb. 10, 2012).
The ICA agreed with the insured that the trial…
The Texas Court of Appeals held that the insured need not prove the exact dates physical damage occurred in order to trigger defense and indemnity coverage. Vines-Herrin Custom Homes, LLC v. Great Am. Lloyds Ins. Co., 2011 Tex. App. LEXIS 10027 (Tex. Ct. App. Dec. 21, 2011).
In 1999, the insured built a home.
Shilo Willis was injured when the uninsured car in which she was a passenger was struck by another vehicle. Willis v. Swain, 2012 Haw. Ct. App. LEXIS 131 (Haw. Ct. App. Feb. 3, 2012). Willis was enrolled under a "certificate policy" which was provided under Hawaii's Joint Underwriting Plan (JUP) to drivers receiving public…
The Hawaii State Bar Association was honored to be addressed last week by Supreme Court Justice Sonia Sotomayor. The Justice was visiting Hawaii on the final leg of her tour of the Pacific Rim, which included stops on Guam and Saipan. My Damon Key blogging colleague, Rebecca Copeland, gave a thorough post of the…
Justice Sonia Sotomayor continues her travels through the Pacific Rim. After visiting Guam and Saipan, the Justice is in Hawaii this week, January 29 to February 3, 2012. As in Guam and Saipan, Justice Sotomayor will keep a busy schedule while in Hawaii, meeting with judges and members of the bar, students, and the…
The Utah Supreme Court determined the "other insurance" provisions of successive policies were inapplicable and instead adopted the time-on-the-risk method of allocation for defense costs in The Ohio Casualty Ins. Co. v. Unigard Ins. Co., 2012 Utah LEXIS 1 (Utah Jan. 06, 2012).
Ohio Casualty insured Cloud Nine from June 10, 2001 to June 10…
