A commentary on insurance coverage issues in Hawaii and beyond
Perhaps the most surprising aspect of a recent decision by the Hawaii Federal District Court is that the insurer agreed to defend under a homeowner’s policy, albeit under a reservation of rights.
In Allstate Ins. Co. v. Sylvester, 2008 U.S. Dist. LEXIS 42386 (D. Haw. May 21, 2008), the insured…
In Sturla, Inc. v. Fireman’s Fund Ins. Co., 67 Haw. 203, 684 P.2d 960 (1984), the Hawai`i Supreme Court determined that the distributor of allegedly defective carpet was an insured under a Vendor’s Endorsement, but found there was no coverage based on exclusions in the policy. The opposite result was reached in…
The latest Hurricane coverage case issued by the Louisiana Supreme Court had the potential to be another block-buster on the anti-concurrent causation clause we have discussed in prior posts here. See Mark Landry v. Louisiana Citizens Property Ins. Co., No. 2007-C-1907 (La. May 21, 2008). The Court of Appeal had determined…
In a recent case, the U.S. District Court for the District of Hawaii determined the insurer’s duty to indemnify was unripe for decision because the underlying litigation was still ongoing in state court. See Western World Ins. Co. v. The County of Hawaii, 2008 U.S. Dist. LEXIS 40118 (D. Haw. May 15…
The Hawaii legislature recently passed HB No. 2224, a bill requiring group health issuers to offer small group health plans to self-employed individuals. The effective date of the bill is September 1, 2008. The bill authorizes the Insurance Commissioner to exempt certain group health plans if the group health issuer does not…
In a prior post, we discussed Florida’s ongoing investigation of Allstate’s alleged collusion with other insurance companies to keep insurance rates artificially high. When Allstate failed to comply with a subpoena in January and testify about its property insurance business, it was suspended by Florida’s Office of Insurance Regulation.
Allstate’s…
Coverage for an additional insured is typically limited to instances where the insured’s negligence causes injury. For example, in First Ins. Co. of Hawaii, Inc. v. State of Hawaii, 66 Haw. 413, 665 P.2d 648 (1983), the state was named as an additional insured in a policy issued to a contractor building…
Burlington Insurance Company wins again. The Ninth Circuit of Appeals issued an unpublished decision a few months ago entitled Burlington Insurance v. Steve’s Ag Services, which appears to perpetuate some of the logic flaws in the original Burlington decision. Although the court refused to explain the underlying facts (instead simply stating "the parties are…
The Associated Press reports here that the Senate passed today its version of a bill extending the National Flood Insurance Program for five more years. In order to make the program more financially solvent, the bill would increase premiums and reduce subsidies. The Senate rejected extending the program to cover wind damage. The…
The Intermediate Court of Appeals recently decided two cases regarding a doctor’s billing disputes with Island Insurance Company, Ltd. See Jou v. Schmidt, No. 27369, 2008 Haw. App. LEXIS 213 (Haw. Ct. App. April 29, 2008); Jou v. Schmidt, No. 27370, 2008 Haw. App. LEXIS 215 (Haw. Ct. App. April 30…
