The Magistrate Judge for the Federal District Court of Hawaii recommended a finding that there was no coverage under the deceased driver's car rental policy or rental agreement for an accident caused by reckless driving. Praetorian Ins. Co. v. Estate of Apo, 2019 U.S. Dist. LEXIS 164489 (D Haw. Sept. 6, 2019).
Contractor Entitled to Defense for Alleged Faulty Workmanship of Subcontractor
Applying Nevada law, the Federal District Court in Florida found that the general contractor was entitled to a defense of claims based upon alleged faulty workmanship of a subcontractor. KB Home Jacksonville LLC v. Liberty Mutual Fire Ins. Co, 2019 U.S. Dist. LEXIS 151235 (M.D. Fla. Sept 5, 2019).
KB
Insurer’s Attempt to Strike Experts in Collapse Case Fails
The insurer's efforts to exclude two of the insured's experts in a collapse case were unsuccessful. Hudon Specialty Ins. Co. v. Talex Enterprises, LLC, 2019 U.S. Dist. LEXIS 150148 (S.D. Miss. Sept. 4, 2019).
The insureds' building collapsed. The remaining portions of the building required immediate stabilization. The insureds hired
Insurer Granted Summary Judgment on Denial of Construction Defect Claim
The court granted the insurer's motion for summary judgment, confirming there was no duty to defend or indemnify a construction defect claim against the insured. Fontaine Bros. v. Acadia Ins. Co., 2019 U.S. Dist. LEXIS 148056 (D. Mass. Aug. 29, 2019).
The City of Worcester contracted with Fontaine Brothers, Inc.
Damon Key Colleague Robert Thomas Honored
My partner and blogging colleague [blog here] at Damon Key, Robert Thomas, received a well-deserved appointment this week. Robert will serve as a new member of the American Law Institute and will bring his expertise to ALI. ALI clarifies the law through Restatement, Principles, and Model Codes. Among his many talents, Robert
Certified Question Asks Texas Supreme Court About Use of Extrinsic Evidence In Determining Duty to Defend
The Fifth Circuit certified a question to the Texas Supreme Court about the use of extrinsic evidence in determining the insurer's duty to defend. State Farm Lloyds v. Richards, et al, 2019 U.S. App. LEXIS 27221 (5th Cir. Sept. 9, 2019).
The insureds' grandson was killed in an all-terrain vehicle
Court Denies Insurer’s Motion to Dismiss Collapse Claim
Facing yet another collapse claim based upon alleged poorly mixed cement, the Federal District Court in Connecticut denied the insurer's motion to dismiss. Oliveria v. Safeco Ins Co., 2019 U.S. Dist. LEXIS 147256 (D. Conn. Aug. 29, 2019).
In 1993, the insureds' purchased their home that had been built in
HSBA Presentation for Insurance Coverage Section
I was honored to be a panel member at the recent Hawaii State Bar Association convention for the Insurance Coverage Section. I spoke on coverage for flood, volcanoes, and climate change.
Pro Se Plaintiff’s Motion to Dismiss Federal Claim against Carrier Without Prejudice Denied
The Hawaii federal district court denied the pro se plaintiff's motion to dismiss his claim against the carrier without prejudice. Greenspon v. AIG Specialty Ins. Co., et al., 2019 U.S. Dist. LEXIS 144148 (D. Haw. Aug. 23, 2019).
Greenspon secured a default judgment against AIG's insured in state court in
Insurance Agent Successful in Dismissing Insureds’ Claims for Fraud
The Federal District Court for Hawaii granted Moa Insurance Services Hawaii's (Moa) motion to dismiss the insureds' complaint alleging that they had been forced to purchase worthless surplus lines policies for volcano damage. Aquilina v. Certain Underwriters at Lloyd's Syndicate #2003, 2019 U.S. Dist. LEXIS 165866 (D. Haw. Sept. 26, 2019).