A commentary on insurance coverage issues in Hawaii and beyond
Whether the insurer can escape the duty to defend based on allegations in its complaint for declaratory relief was the issue in General Ins. Co. of Am. v. Clark Mall Corp., 2010 U.S. Dist. LEXIS 74880 (N.D. Ill. July 26, 2010).
The underlying plaintiffs lost property in a fire at a mall owned by the insureds. The…
If the insured misrepresents that it owns the insured property, can the insurer void the policy? In Grenoble House Hotel v. Hanover Ins. Co., 2010 U.S. Dist. LEXIS 75355 (E.D. La. July 26, 2010), the court denied the insurer's motion for summary judgment seeking to void the policy on misrepresentation grounds.
Hanover…
A hold harmless agreement and certificates of insurance failed to convey additional insured status under the policy in Pina v. Dora Homes, Inc., 2010 U.S. Dist.LEXIS 73941 (E.D. N.Y. July 22, 2010).
Several defendants responsible for construction at the site entered a hold harmless agreement with Choray Construction Corporation. The agreement stated Choray…
Whether a multiple vehicle accident creates separate occurrences, thereby increasing policy limits, was the issue in Auto-Owners Ins. Co. v. Munroe, 2010 U.S. Dist. LEXIS 15062 (7th Cir. July 22, 2010).
Three trucks owned by Wayne Wilkins Trucking were traveling the highway in convoy. All trucks were covered under a single policy…
The Damon Key bloggers have teamed again to draft an essay on Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection, No. 08-22 (June 17, 2010). The article, authored primarily by Robert Thomas, (inversecomdemnation.com), with some assistance from Mark Murakami (hawaiioceanlaw.com) and me, gives our impressions and thoughts…
Whether an oral agreement to name a subcontractor as an additional insured under the policy provided coverage to the subcontractor was the issue in Palmer v. Martinez, 2010 La. App. LEXIS 1049 (La. Ct. App. July 21, 2010).
The plaintiff was employed by A.T. Martinez ("ATM") as a logging truck driver. ATM…
In a case of first impression before the California appellate courts, the duty to defend was deemed to include statutorily required pre-litigation proceedings. See Clarendon Am Ins. Co. v. Starnet Ins. Co., 2010 Cal. App. LEXIS 1224 (Cal. Ct. App. July 27, 2010).
Simplifying the facts, a homeowners association served notice upon…
The Fifth Circuit considered the impact on coverage when an anti-concurrent causation clause seems to be contradicted by a "reverse" anti-concurrent causation clause in an endorsement. See Penthouse Owners Assoc., Inc. v. Certain Underwriters at Lloyds, London, 2010 U.S. App. LEXIS 14531 (5th Cir. July 14, 2010).
Penthouse's property was completely destroyed by Hurricane…
Our article, entitled “Getting Around LHWCA’s Exclusive Remedy Roadblock – Employee’s Claims Against Employer and Insurer for Intentional Torts,” has been published by Coverage, a periodical circulated to members of the ABA’s Section of Litigation, Insurance Coverage Litigation Committee. My Damon Key blogging colleague, Mark Murakami (hawaiioceanlaw.com), and I teamed to author the article…
While operating heavy construction equipment, the insured's nine-year old son injured a worker. The court considered whether the insurer had to defend and indemnify under a motor vehicle exclusion in the insured's homeowner's policy. See Rhoades v. Massachusetts Prop. Ins. Underwriting Assoc., 2010 U.S. Dist. LEXIS 69870 (D. Mass. July 13, 2010).
The…
