Insurers continued an impressive record of securing reversals on appeal from adverse coverage decisions in Katrina related litigation. The two latest cases were issued on consecutive days, one by the Fifth Circuit Court of Appeals in Broussard v. State Farm Fire and Casualty Co., No. 07-60443 (5th Cir. April 7, 2008) and the other by
Ninth Circuit’s Latest Coverage Case Finds No Coverage Under Auto Policy
By Tred R. Eyerly on
Continuing with its recent torrent of insurance coverage cases, the Ninth Circuit recently addressed whether an officer and director were covered under the corporation’s auto policy. See Progressive Casualty Ins. C. v. Owen, No. 06-35677 (9th Cir. March 26, 2008). The case relied on Montana law, which follow principles similar to those …
Ninth Circuit Lights Fire Under St. Paul, Ruling It Must Defend in Squabble Between Survivors of the Doors
By Tred R. Eyerly on
What makes for a more interesting insurance case than a fight between surviving members of the Doors leading to a coverage dispute over the duty to defend? Applying California case law, which is very similar to Hawaii case law, the Ninth Circuit recently determined St. Paul had a duty to defend a surviving of the …
Ninth Circuit Again Considers Maritime Doctrine of Uberraimae Fidei
By Tred R. Eyerly on
How often does a court take on the doctrine of uberrimae fidei? The Hawaii appellate courts have never confronted uberrimae fidei. The Ninth Circuit, however, has addressed the doctrine twice in a little more than a month. We addressed in a prior post the Ninth Circuit’s prior handling of the …
More Bad News for Bear Stearns
By Tred R. Eyerly on
The Big, Bad Bear of Wall Street disintegrated earlier this week. Shortly before its demise, the Bear suffered a significant insurance loss at the hands of the New York Court of Appeals. Vigilant Ins. Co. v. The Bear Stearns Companies, Inc., No. 25 (N.Y. March 13, 2008).
You may recall …
Insurer’s Burden on Summary Judgment to Show that Erroneous Application Justifies Non-Coverage is High
By Tred R. Eyerly on
The Hawaii Intermediate Court of Appeals previously held an insurer faces a difficult burden justifying on summary judgment a denial of coverage due to incorrect information stated in an insurance application. See First Ins. Co. of Hawaii, Ltd. v. Sariaslani, 80 Haw. 491, 911 P.2d 126 (Haw. Ct. App. 1996). The ICA …
Flood Insurance: To Buy or Not to Buy
By Tred R. Eyerly on
Reading many Katrina-related cases and the onset of National Flood Safety Awareness Week this week forces me to ponder the purchase of flood insurance. Every article and relevant website on the subject advocates the purchase of flood insurance. Still, our Honolulu home is on high ground, a mile and a half from the …
Anti-Concurrent Cause Provision Bars Coverage for Wind and Rain
By Tred R. Eyerly on
Hawaii courts have yet to determine the impact of an anti-concurrent cause provision when a property owner suffers damage caused by wind and rain. The U.S. District Court for the District of Maryland recently found such a provision in a homeowner’s policy barred coverage where both wind and rain caused damage. Bao v. …
Iditarod Sled Dog Race has Insurance Connections
By Tred R. Eyerly on
As a former resident of Alaska, I keep close tabs this time of year on the progress of the Iditarod, a sled dog race from Anchorage to Nome, covering 1100 miles. Six days into the race, the leaders reached Cripple, Alaska today, the halfway point.
I cannot think of a Hawaii …
Reserrected Hawaii Medical Malpractice Liability Bill Short-lived
By Tred R. Eyerly on
A recent post noted the Hawaii legislature’s resurrection of the medical malpractice liability bill. The Honolulu Advertiser reports the bill was effectively killed two days later.
The Hawaii Medical Association promoted the reform legislation, contending a cap on non-economic damages would lower malpractice premiums and reduce some of the uncertainty about …