A commentary on insurance coverage issues in Hawaii and beyond
The First Circuit reversed the district court's granting of summary judgment to the insurer based upon a dispute over compliance with attending Examinations Under Oath. Philadelphia Indem. Ins. Co. v. BAS Holding Corp., 2023 U.S. App. LEXIS 21573 (1st Cir. Aug. 17, 2023).
An arsonist destroyed the State Building, a landmark…
The federal district court granted, in part, the insurer's motion to exclude portions of expert testimony. Tundra M. Holdings, LLC v. Markel Ins. Co., 2023 U.S. Dist. LEXIS 139952 (D. Alaska Aug. 10, 2023).
Plaintiff alleged a building it owned suffered damages consisting of building roof failure due to snow…
The Fifth Circuit affirmed the district court's granting the insurer's motion for summary judgment on the duty to defend, but reversed the district court's ruling that there was no duty to indemnify. Liberty Mut. Fire Ins. Co. v. Copart of Connecticut, Inc., 2023 U.S. App. LEXIS 18674 (4th Cir. July 31, 2023). …
After breaching its duty to defend, the insurer could not take advantage of a California statute allowing insurers to establish rates for defense counsel. S. Cal. Edison Co. v. Greenwich Ins. Co., 2023 U.S. Dist. LEXIS 151695 (C.D. Cal. July 28, 2023).
Edison was an additional insured under a policy…
The Hawaii Intermediate Court of Appeals reversed the trial court's grant of summary judgment to the health insurer, reinstating the insured's claims for bad faith and emotional distress. Groeger v. Kaiser Foundation Health Plan, Inc., 2023 Haw. App. LEXIS 308 (Haw. Ct. App. Aug. 29, 2023).
In March 2012, Christian…
Harvard College's claim for excess coverage was properly denied for failure to provide timely notice on a claims-made policy. President and Fellows of Harvard College v. Zurich Am. Ins. Co., 2023 U.S. App. LEXIS 20715 (1st Cir. Aug. 9, 2023).
Harvard had a one year liability policy with National Union…
The insured hospital's claim against its broker for allowing a policy to lapse was dismissed on ripeness grounds. WakeMed v. Willis Towers Watson Southeast, Inc., 2023 U.S. Dist. LEXIS 139115 (W.D. N.C. Aug. 9, 2023).
WakeMed was a hospital system providing health services. WakeMed hired Willis Towers Watson Southeast Inc.
After the district court granted the insured contractor's motion for judgment on the pleadings on the duty to defend, the Tenth Circuit found there was no coverage and reversed. Owners Ins. Co. v. Greenhalgh Planning & Development, Inc., 2023 U.S. App. LEXIS 20137 (10th Cir. Aug. 4, 2023).
Greenhalgh remodeled…
The Maryland Federal District Court granted the insured's motion to dismiss because the matter was appropriate for arbitration. Travelers Cas. Ins. Co. of Am. v. Papagiannopoulous, 2023 U.S. Dist. LEXIS 130876 (D. Md. July 27, 2023).
The insured's property was damaged by fire. A claim was filed with Travelers. Both…
The magistrate recommended that insurer's motion for summary judgment be granted due to the insureds' expert's inability to present genuine issues of material fact. Walker v. Century Sur. Co., 2023 U.S. Dist. LEXIS 142408 (E.D. Texas July 17, 2023).
The insureds' property sustained damage from Hurricane Laura. Colonial Claims inspected…
