A commentary on insurance coverage issues in Hawaii and beyond
The 32nd annual ABA Insurance Coverage Litigation Committee CLE seminar is rapidly approaching. The conference will be held in the foothills above Tucson from March 4-7, 2020. The brochure with details and the full seminar schedule is here.
As always, this is a don't miss event for insurance practitioners, including…
The district court granted the motion to remand due to lack of subject matter jurisdiction because the insurer did not sufficiently establish that the amount in controversy was above $75,000. Caceres v. Scottsdale Inc. Co., 2019 U.S. Dist. LEXIS 209688 (S.D. Fla. Dec. 5, 2019).
Hurricane Irma damaged plaintiffs' home.
The Ninth Circuit reversed the District Court's denial of a defense based upon ambiguous allegations in the underlying complaint. Pulte Home Corp. v. TIG Ins. Co., 2019 U.S. App. LEXIS 35988 (9th Cir. Dec. 4, 2019).
Pulte Home Corporation sued TIG for failing to defend in two lawsuits brought by…
After ignoring a prior order to pay fees, the insurer was ordered again to pay the total fees incurred without challenge to defense counsel's hourly rates. Chelsea Piers, L.P. v. Colony Ins. Co., 2019 N.Y. Misc. LEXIS 6333 (N.Y. Sup. Ct. Nov. 25, 2019).
Chelsea Piers was an additional insured…
The insured's claim for reformation of the policy after the business interruption coverage was denied was dismissed by the court. Nat'l Compressor Exch., Inc. v. Hanover Ins. Co. Inc., 2019 N.Y. Misc. LEXIS 6370 (N.Y. Sup. Ct. Oct. 23, 2019).
On certain days in June and July of 2013, the…
Coverage for a serious bodily injury was barred under the policy's watercraft exclusion. United States Fire Ins. Co. v. Hawaiian Canoe Racing Ass'n, 2019 U.S. Dist. LEXIS 207564 (D. Haw. Nov. 27, 2019). A related case involving the accident and addressing coverage issues under a policy issued by Great Divide Insurance Company…
The federal district court found there was no coverage for injury caused by an explosion at a recycling facility. Mountain West Farm Bur. Mut. Ins. Co. v. Jackson, et al., 2019 U.S. Dist. LEXIS 202319 (E.D. Wash. Nov. 21, 2019).
Tim and Roberta Jackson owned Ibex Construction, located in Spokane…
Construing an all-risk Businessowners Policy, the court found that the policy language did not required replacement of undamaged material match materials that were damaged. Pleasure Creek Townhomes Homeowners' Ass'n v. Am. Family Ins. Co., 2019 Minn. App. Unpub. LEXIS 1095 (Minn. Ct. App. Nov. 25, 2019).
The policy covered the …
The Ninth Circuit agreed with a jury that the insurer breached the farm insurance policy and the duty of good faith and fair dealing in denying a claim for, among other things, theft of cattle. Chatelain v. Country Mut. Ins. Co., 2019 U.S. App. LEXIS 34530 (9th Cir. Nov. 20, 2019).
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Connecticut courts have been inundated with collapse cases the past couple of years due to insureds' living in homes that were constructed with defective concrete manufactured by J.J. Mottes Concrete Company. In a duo of cases, the Connecticut Supreme Court responded to a certified question from the U.S. District Court, holding that collapse…
