Our post last week (here) discussed Corban v. USAA, a case before Mississippi Supreme Court presenting an opportunity for the court to address the validity of the anti-concurrent causation clause under state law. Subsequently, slabbed.com, a Mississippi based-blog, put up a post (here) with additional background on the Corban case, including some of
Timeliness of Insurer’s Disclaimer Raises Issue of Fact
By Tred R. Eyerly on
If an insured fails to cooperate with the insurer's attempt to defend, what must the insurer do to disclaim coverage? In Continental Casualty Co. v. Stradford, 2008 N.Y. LEXIS 3387 (N.Y. Ct. App. Nov. 25, 2008), the court considered whether the insurer's disclaimer to an uncooperative insured was timely.
The insured was a dentist …
Mississippi Supreme Court to Decide Validity of Anti-Concurrent Causation Clause
By Tred R. Eyerly on
A case before the Mississippi Supreme Court asks whether the anti-concurrent causation clause in homeowners policies is ambiguous. See Corban v. United Services Automobile Association, No. 2008-M-645 (Miss.). The appeal criticizes and asks the Mississippi court to depart from holdings in the trio of Hurricane Katrina cases decided by the Fifth Circuit: …
We Reach A Milestone
By Tred R. Eyerly on
Insurancelawhawaii.com celebrates its one year anniversary today. A majority of blogs fold within one year, so we apparently beat the odds.
It has been an interesting, informative year of blogging. We strive to keep abreast of insurance developments in Hawai`i and elsewhere in order to fill space in this corner.
Co-founder and fellow author Robert Harris recently left …
Dollar Limitation for Mold Coverage Upheld
By Tred R. Eyerly on
A property policy's limitation on mold coverage was challenged in MMI Reality Serv., Inc. v. Westchester Surplus Lines Ins. Co.,Civ . No. 07-00466, 2008 U.S. Dist. LEXIS 93653 (D. Haw. Nov. 17, 2008).
Kahala Mall in Honolulu suffered flood damage after the severe rains of March 2006. The Mall was insured by Westchester…
Hawai`i Court Finds Duty to Defend Allegations of Defamation, Assault and Battery
By Tred R. Eyerly on
In Allstate Ins. Co. v. Gadiel, Civ. No. 07-00565, 2008 U.S. Dist. LEXIS 90923 (D. Haw. Nov. 7, 2008), the court considered whether Allstate must defend a landlord in an action filed by his tenant.
The tenant alleged assault and battery, defamation, and intentional and negligent infliction of emotional distress. Based on the homeowner's…
Hawai`i Supreme Court Holds Record Review is Not Independent Medical Exam
By Tred R. Eyerly on
The Hawai`i Supreme Court recently affirmed the Intermediate Court of Appeal, deciding that a medical record review was not independent medical examination. See Gillian v. Government Employees Ins. Co., 2008 Haw. LEXIS 254 (Haw. Oct. 29, 2008). We reported on the ICA's decision here.
Gillian was injured in an auto accident while a passenger in…
Percentage Fees Awarded Under Workers’ Compensation Statute Unfair
By Tred R. Eyerly on
If attorney fees based on a percentage of damages are unreasonably low, should the court depart from the statutory percentage and award reasonable fees? The court did so in Murray v. Mariner Health and Ace USA, No. SC07-244, 2008 Fla. LEXIS 2011 (Fla. Oct. 23, 2008).
Petitioner, a nurse, sought workers compensation benefits…
Business Interruption Deductible Presents Issue of First Impression
By Tred R. Eyerly on
If a policy's deductible does not apply to "ensuing loss or damage," is indirect business interruption an ensuing loss? The court in RTG Furniture Corp. v. Industrial Risk Insurers, 2008 U.S. Dist. LEXIS 85237 (S. D. Fla. Oct. 9, 2008) faced this issue, noting it was a question of first impression nationwide.
The…
Insured’s Waiver of Insurer’s Credit for Workers’ Compensation Does Not Negate Coverage
By Tred R. Eyerly on
Does the insured breach the policy by waiving the insurer's right to a credit for workers' compensation? In Travelers Prop. Cas. Co. of Am. v. ConocoPhillips Co., No. 06-15664 (9th Cir. Oct. 20, 2008), the Court held the policy was not breached by the insured's waiver.
During a fire at…