A commentary on insurance coverage issues in Hawaii and beyond
The insured's suit against his broker for securing a policy with insufficient policy limits was dismissed when filed more than two years after the alleged professional negligence occurred. Pritchard v. Andy Houghton Ins. Agency, 2018 Cal. App. Unpub. LEXIS 1160 (Cal. Ct. App. Feb. 20, 2018).
Pritchard requested coverage for…
The general contractor was not entitled to a defense based upon an exclusion for construction management fees. Houston Cas. Co. v. Cavan Corp .of NY, Inc., 2018 N.Y. App. Div. LEXIS 1138 (N.Y. App. Div. Feb. 20, 2018).
Cavan entered a Construction Management Agreement ("CMA") under which it would act…
Affirming the District Court, the Seventh Circuit agreed that the broad evidence rule was used under Indiana law to determine actual cash value. Thorne v. Member Select Ins. Co., 2018 U.S. App. LEXIS 3265 (7th Cir. Feb. 12, 2018).
Thorne's home burned to the ground in February 2008. Member Select…
The Illinois Court of Appeals reversed summary judgment entered for the insurer and found the general contractor, an additional insured under the policy, was entitled to a defense. Hastings Mut. Ins. Co. v. Blinderman Constr. Co., Inc., 2017 Ill. App. LEXIS 661 (Ill. Ct. App. Oct. 24, 2017).
Blinderman was…
The insured contractor was not entitled to independent Cumis counsel despite suing the insurer in a cross-claim. Centex Homes v. St. Palu Fire & Marine Ins. Co., 2018 Cal. App. LEXIS 45 (Cal. Ct. App. Jan. 22, 2018).
Homeowners sued Centex Homes for construction defects. Centex tendered defense of the suit to…
The Florida District Court reversed erroneous jury instructions that adopted the efficient proximate cause doctrine in determining whether the insurer was responsible for the insureds’ collapsed roof. Jones v. Federated National Ins. Co., 2018 Fla. App. LEXIS 561 (Fla. Ct. App. Jan. 17, 2018).
The insureds filed a claim for their damaged roof, …
The Third Circuit affirmed the district court's dismissal of the insured's lawsuit for denial of flood coverage after the complaint was filed more than one year after the insurer rejected the proof of loss. Migliaro v. Fidelity Nat'l Indem. Ins. Co., 2018 U.S. App. LEXIS 2097 (3d Cir. Jan. 29, 2018).
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Affirming the district court, the Eighth Circuit found that deteriorated bags which unintentionally mixed with landscaping materials did not amount to property damage under the CGL policy. Decker Plastics Corp. v. West Bend Mut. Ins. Co., 2018 U.S. App. LEXIS 2085 (8th Cir. Jan. 29, 2018). The district court's decision was the…
The insurer's motion for summary judgment seeking dismissal of the insured's claim for collapse coverage was rejected by the Supreme Court of New York. Parauda v. Encompass Ins. Co. of Am., 2018 N.Y. Misc. LEXIS 269 (N.Y. Sup. Ct. Jan. 25, 2018).
The insureds submitted a claim to Encompass for…
The Federal District Court, District of Hawaii, overruled the insured's objections to the Magistrate Judge's Findings and Recommendations awarding partial fees. Hanover Ins. Co. v. Anova Food, LLC, 2018 U.S. Dist. LEIXS 11493 (D. Haw. Jan. 24, 2018).
A prior post set forth the background of the case. In a…
