A commentary on insurance coverage issues in Hawaii and beyond
Although it did not address insurance coverage, the Hawaii Intermediate Court of Appeals (ICA) issued an important decision regarding the state’s regulation of the insurance industry in Hawaii Insurers Council v. Lingle, et al, No. 27840 (Haw. Ct. App. April 14, 2008).
The Insurance Regulation Fund (IRF) was established by the legislature in 1999, …
Hawaii does not require a non-resident agent to secure approval for a newly written policy from a Hawaii resident agent. Nevada, however, does have such a law. The Ninth Circuit recently struck down Nevada’s countersignature law as a violation of the Privileges and Immunities Clause of Article IV. See Council of Insurance …
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…
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 …
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 …
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 …
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 …
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 …
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 …
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. …
