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
Hawaii Court of Appeals Finds Statutory Notice Required In Billing Disputes
By Tred R. Eyerly on
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…
More Hurricane Insurance Coverage Made Available for Hawaii
By Tred R. Eyerly on
The Pacific Business News reports here that hurricane insurance should be more easily available thanks to a partnership formed between Argo Group US and First Insurance Co. of Hawaii. First Insurance will transfer approximately 13,000 hurricane endorsements to Argo, who will then issue new hurricane policies. The good news is that this partnership will…
State Court Trend: Moving Away from Burlington
By Tred R. Eyerly on
An article recently came out in the "Construct" journal, put out the Construction Litigation Committee of the ABA, entitled "State Courts Trend: Coverage for Faulty Workmanship." This article is similar to an earlier blog post analyzing the Ninth Circuit decision entitled Burlington Ins. Co. v. Oceanic Design & Constr., Inc. (9th Cir. 2004) and…
Insurers “No Pay” Attitude
By Tred R. Eyerly on
Stripping the job of an insurance company to its basic components reveals a gritty truth: insurance companies make money by collecting more than they pay out. A successful operation depends on exercising good judgment on what risks to insure (or charging high enough premiums). Unfortunately, an insurer can also vigorously oppose attempts to obtain coverage…
California Court Finds Binding Arbitration Provision in Insurer’s Enrollment Application Unenforceable
By Tred R. Eyerly on
Unlike California, Hawai`i law does not statutorily impose strict disclosure requirements when an insurance enrollment application mandates that disputes be resolved solely by arbitration. California courts, on the other hand, narrowly construe an insurer’s attempt to limit disputes to arbitration, as evidenced by the recent decision in Rodriguez v. Blue Cross of California…
Consider Flood Insurance as Another Hurricane Season Approaches
By Tred R. Eyerly on
In a prior post, we noted that much of Honolulu has yet to be mapped by the Federal Emergency Management Agency for flood insurance purposes. This leaves neighborhoods unrated for flood insurance, resulting in high premiums even for areas not prone to floods.
An informative story appearing over the weekend in…
District Court Judge Comes Full Circle on Anti-Concurrent Cause Provision
By Tred R. Eyerly on
Senior Federal Judge L.T. Senter, Jr. of the Southern District of Mississippi has come full circle in his analysis of the anti-concurrent cause provision in home-owner’s policies. Judge Senter has been in the trenches, handling many of the initial Katrina insurance related cases at the trial court level. In some of Judge Senter’s…
Seventh Circuit Narrows Scope of Coverage Under Umbrella Policies
By Tred R. Eyerly on
Umbrella coverage typically provides two types of coverage: excess coverage and gap-filling coverage, which obligates the insurer to defend for any loss covered by the terms and conditions of the umbrella policy and not covered by the primary policy. In Dairy Road Partners v. Island Ins. Co., Ltd., 92 Hawai`i, 992 P.2d 93 …
Hawaii Appellate Court Affirms Denial of PIP Benefits Based on Indendent Medical Exam by Insurer’s Doctor
By Tred R. Eyerly on
At stake in Gillan v. Government Employees Insurance Co., No. 28075 (Haw. Ct. App. April 17, 2008), was whether the insurer could deny Personal Injury Protection (PIP) benefits based upon a review of medical records by a doctor chosen by the insurer but without the insured’s approval.
Gillian was injured in an accident while …