If the insurer pays for adjusted flood damage, can the insured sue for additional coverage when no proof of loss is filed? Following its own precedent, the Fifth Circuit determined no coverage was due above the adjusted amount when the insured failed to file a proof of loss ("POL"). See Talbott v. Fidelity Nat. Ins. Co.
Happy Holidays
By Tred R. Eyerly on
No substantive post today. All of the research/writing elves here at insurancelawhawaii.com, save one, have the rest of the week off.
But we take this opportunity to extend to you and your's a Merry Christmas and Happy New Year.
Additional Insureds Covered in Suit For Helicopter Crash
By Tred R. Eyerly on
Complicated facts but easily understood legal standards were presented in Breaux v. Halliburton Energy Serv., Inc., No. 04-1636, 2009 U.S. Dist. LEXIS 112374 (E.D. La. Dec. 2, 2009).
Era Aviation, Inc., a subsidiary of Rowan Companies, Inc., transported oil field workers by helicopter to an offshore drilling vessel in the Gulf owned by Unocal. …
Dispute Over Flood Policy Raises Federal Question, Preserving Federal Court’s Jurisdiction
By Tred R. Eyerly on
The insured's Standard Flood Insurance Policy (SFIP) was issued by Allstate, a Write-Your-Own carrier participating in the National Flood Insurance Program (NFIP). See Borden v. Allstate Ins. Co., No. 08-30515, 2009 U.S. App. LEXIS 25599 (5th Cir. Nov. 20, 2009). After suffering flood damage from Hurricane Katrina on August 20, 2005, the insured…
Merger Statute’s Impact on Anti-Assignment Clause Considered
By Tred R. Eyerly on
The Fourth Circuit recently asked the West Virginia Supreme Court of Appeals whether a state law stating that contract rights vest in the survivor of a merger nullified a non-assignment provision in an auto policy that was transferred to a successor corporation. See State Auto Prop. and Cas. Ins Co., No. 08-1481, 2009…
Similar to Hawai`i, Montana Case Law Entitles Successful Insured to Attorney Fees
By Tred R. Eyerly on
By statute, Hawai`i allows a party who successfully sues the insurer for benefits to recover reasonable attorney fees. Haw. Rev. Stat. 431:10-242. In Riordan v. State Farm Mut. Auto. Ins. Co., No. 08-35874, 2009 U.S. App. LEXIS 26888 (9th Cir. Dec. 10, 2009), the court determined that Montana case law also allows the…
No Coverage After Contractor Voluntarily Fixes Hurricane Damage
By Tred R. Eyerly on
Coverage for an insured contractor sued after hurricane related-damage to condominium units was the issue in Rolyn Companies, Inc. v. R & J Sales of Texas, Inc., No. 08-61618, 2009 U.S. Dist. LEXIS 106881 (S.D. Fla. Nov. 16, 2009).
In October 2005, Hurricane Wilma damaged Stonebridge Gardens, a condominium community. The association hired…
No Coverage Where Initial Notice of Malpractice Suit Given Before Policy Period
By Tred R. Eyerly on
Is there a duty to defend under a claims made policy when the insurer has notice of alleged malpractice before the policy period, but the insured is not sued until the policy period actually commences? In what appears to be a harsh result, the Tenth Circuit determined the notice and filing of suit were a single act. …
Two Years and Counting
By Tred R. Eyerly on
A minor milestone is reached today as we reach the two year anniversary of insurancelawhawaii.com. It has been an interesting and informative journey, keeping abreast of insurance issues in Hawai`i and elsewhere.
Again, thanks is extended to fellow Damon Key bloggers, Robert Thomas (http://www.inversecomdemnation.com) and Mark Murakami (http://www.oceanlawhawaiil.com), for feeding me with…
Duty to Defend Injury Claims in Underlying Aerial Spraying Cases
By Tred R. Eyerly on
In Dyncorp v. Certain Underwriters at Lloyd's , London, No. 08C-09-218, 2009 Del. Super. LEXIS 412 (Del. Super. Ct. Nov. 9, 2009), the court considered whether a duty to defend arose in several underlying suits for damage caused by aerial spraying over Colombia.
Pursuant to a contract with the United States government…