Can an insured reform an insurance policy that lists the wrong address for the property intended to be insured? A federal district court in Massachusetts recently answered no, at least in regards to a flood insurance policy. See Tucard, LLC v. Fidelity Nat’l Prop. & Cas. Ins. Co., 2008 U.S. Dist. LEXIS
Eighth Circuit Determines Alleged Misrepresentation Not Material
The Eighth Circuit recently considered whether State Farm was authorized to deny coverage for fire loss based on the insured’s alleged misrepresentation. See Warren v. State Farm Fire & Casualty Co., No. 07-2010 (8th Cir. July 10, 2008).
The insured’s home was destroyed by a fire in the early
Hawaii ICA Again Decides Insurer’s Record Review Does Not Violate Statute
The Hawaii Intermediate Court of Appeals overruled the District Court’s order granting summary judgment to an insured under the insurer’s automobile policy in Tasaki v. AIG Hawaii Ins. Co., 2008 Haw. App. LEXIS 366 (Haw. Ct. App. June 27, 2008).
After injuring his teeth, jaw and head in a motor
Sony Denied Coverage for Defective PlayStation 2s
The Ninth Circuit recently held in Sony v. American Home Assurance that Sony was not entitled to a defense from two of its carriers. Sony was sued because its PlayStation 2s suffered from an "inherent" or "fundamental" design defect that rendered them unable to play DVDs and certain game discs. Sony had a special $10
Insured Must Pay Copying Costs for Medical Records in ERISA Case
Must an ERISA plan reimburse its beneficiaries for the cost of photocopying medical records? Faced with this issue, the Ninth Circuit decided against the beneficiary in Sgro v. Danone Waters of N. Am., Inc., No. 06-55916 (9th Cir. July 2, 2008). The result would presumably be controlling in an ERISA case originating
Bleeding edge of technology
Just to prove we’ll do anything for our readers, this post is being made from my iPhone. Now we can blog 24/7!
Insurer’s Refusal to Consent to Settlement May Constitute Bad Faith
The Hawaii Supreme Court determined there was a genuine issue of fact on whether the insurer acted in bad faith in failing to consent to the insured's settlement with a third party tortfeasor. See Guajardo v. AIG Hawaii Ins. Co., No. 27893 (Haw. Sup. Ct. July 8, 2008).
The
Efficient Proximate Cause Doctrine Written Out of Policy by Anti-Concurrent Causation Clause
In Amherst Country Club, Inc. v. Harleysville Worcester Ins. Co., 2008 U.S. Dist. LEXIS 48481 (D. N.H. June 24, 2008), the District Court determined there was no coverage when the loss was caused by both a covered event and an excluded event. The court analyzed the efficient proximate cause doctrine, but found
Hawaii Supreme Court Finds Auto Policies Ambiguous
The Supreme Court’s recent decision in Allstate Ins. Co. v. Pruett, No. 26830 (Haw. Sup. Ct. June 25, 2008), addressed several issues regarding auto policies issued by AIG and Allstate.
The facts revolved around a household consisting of a mother insured by Allstate, a daughter insured by AIG, and a
Doctrine of Efficient Proximate Cause Alive and Well in Washington
Under the doctrine of proximate cause, where a peril specifically insured against sets in motion other causes which, in an unbroken sequence between the act and final loss, produces the result for which recovery is sought, the insured peril is regarded as the "proximate cause" of the entire loss and coverage exists. The