The dates for this year's ABA Insurance Coverage Litigation Committee CLE Seminar in Tucson are February 27 to March 2, 2019. Again this year, the seminar promises to provide cutting edge CLE programming and many networking opportunities. I will be on a panel addressing "Changing Climate, Changing Risks and Policies," with my esteemed
Insurer Must Defend Subcontractor For Claims Alleging Faulty Workmanship
Interpreting Florida law, the federal district court found that the insurer must defend the subcontractor for claims based upon faulty workmanship. S. Owners Ins. Co. v. Gallo Bldg. Servs., 2018 U.S. Dist. LEXIS 212961 (M.D. Fla. Dec. 18, 2018).
Gallo Building Services entered a subcontract with KB Homes, developer, related
Insured May Recover Consequential Damages From Insurer’s Breach of Duty to Defend
Answering a certified question, the Nevada Supreme Court determined that an insurer breaching its duty to defend may be liable for consequential damages caused to the insured. Century Sur. Co. c. Andrew, 2018 Nev. LEXIS 112 (Nev. Dec. 13, 2018).
Michael Vasquez struck a minor, causing significant brain injury. Vasquez used the
“Occurrence” Viewed From Eyes of Insured
The court determined that a young girl's suicide prompted by the insured's text messages constituted an occurrence under the homeowner's policy. State Farm Fire and Cas. Co. v. Motta, 2018 U.S. Dist. LEXIS 208472 (E.D. Pa. Dec. 11, 2018).
High school student Zach Trimbur harassed and cyberbullied classmate Julia Morath.
Complaint Against Life Insurance Agent Survives Motion to Dismiss
The plaintiff's suit against her agent for allegedly misleading her regarding certain investment strategies for proceeds of a life insurance policy and fees survived the agent's motion to dismiss. Waldemar v. Golden, 2018 U.S. Dist. LEXIS 204801 (M.D. Fla. Dec. 4, 2018).
The facts were based upon the allegations in
Insured Proves Collapse, but Fails to Establish Any Value for Loss
While the insured was able to carry his burden to show the collapse of a roof, he failed to establish damages under the policy. Iannucci v. Allstate Ins. Co., 2018 U.S. Dist. LEXIS 203687 (N.D. N.Y. Dec. 3, 2018).
In 2005, the insured purchased a parcel of land together with
Damon Key Team Argues Bad Faith Case Before Hawaii Supreme Court
Our Damon Key team argued a bad faith case before the Hawaii Supreme Court today, Adams v. Hawaii Medical Service Association, SCWC-15-0000396.
Pictured below: Joanna Zigler, Rafael del Castillo, Tred Eyerly and Robert Thomas.
Labor Costs Not Excluded From Depreciation When Determining Actual Cash Value
The court dismissed a class action suit against State Farm which sought to establish that a calculation of actual cash value (ACV) in a homeowners policy could not depreciate the cost of labor. Cranfield v. State Farm Fire & Cas. Co., 2018 U.S. Dist. LEXIS 199618 (N.D. Ohio Nov. 26, 2018)
Non-compliance With Endorsement Means No Indemnity Coverage
The insured's failure to verify that subcontractors had CGL policies and to provide a contract stating that the subcontractors would indemnify the insured as required by the policy's endorsement meant there was no coverage for the insured. Cincinnati Spec. Underwriters Ins. Co. v. Milionis Constr., Inc., 2018 U.S. Dist. LEXIS 199658 (E.D.
Insured’s Striking Multiple Vehicles Constitutes One Occurrence under Texas Law
Reversing the district court, the Fifth Circuit found one occurrence after the insured's truck struck multiple vehicles. Evanston Ins. Co. v. Mid-Contenint Cas. Co., 2018 U.S. App. LEXIS 32722 (5th Cir. Nov. 19, 2018).
An employee of Global Waste Services, LLC, Marlon Diggs, lost control of his Mack truck. At