A commentary on insurance coverage issues in Hawaii and beyond
The Court granted the insurer's motion to dismiss because the injury occurred after the policy period had expired. Goins v. C&S Global Imports, Inc., 2016 U.S. Dist. LEXIS 79160 (W.D. Ky. June 17, 2016).
Plaintiff James Goin visited the site of a deer hunt on property owned by Kevin Turn…
The court granted the insurer's motion to dismiss a lessor's complaint seeking coverage because the lessor was not insured under the lessee's policy. Dynasty Int'l LLC v. Lexington Ins. Co., 2016 U.S. Dist. LEXIS 78443 (N.D. Ind. June 16, 2016).
Plaintiffs leased property to Chrysler Realty Company LLC (CRC). The lease required CRC to…
The First Circuit Court of Appeals certified questions to the Massachusetts Supreme Judicial Court (SJC) on whether the insurer's duty to defend required paying for the insured's pursuit of counterclaims. Mount Vernon Fire Ins. Co. v. VisionAid, Inc., 2016 U.S. App. LEXIS 10464 (1st Cir. June 9, 2016).
VisionAid…
The Hawaii federal district court confirmed its prior holdings that there is no duty to defend or indemnify for property damage caused by faulty workmanship. State Farm Fire & Cas Co. v. GP West, Inc., 2016 U.S. Dist. LEXIS 74240 (D. Haw. Jun 7, 2016). (Full disclosure – our office represents GP West in…
The California Supreme Court considered whether the calculation for punitive damages may include attorneys' fees expended to obtain benefits determined after the jury has rendered its punitive damages verdict. Nickerson v. Stonebridge Life Ins. Co., 2016 Cal. LEXIS 3757 (Cal. June 9, 2016).
The insured broke his leg on February 11, 2008, when he…
The Iowa Supreme Court held that property damage caused by a subcontractor's defective work was an "occurrence." Nat'l Sur. Corp. v. Westlake Invs., LLC, 880 N.W. 2d 724 (Iowa 2016).
In 2002, the insureds, the developers and general contractor, began construction on an apartment complex. While the complex was still…
The insured's claim that the insurer improperly refused to provide a supersedeas bond was rejected by the federal district court. James River Ins. Co. v. Interlachen Property Owners Ass'n v. Kuepers Constr., 2016 U.S. Dist. LEXIS 71825 (D. Minn. June 1, 2016).
Kuepers Construction, Inc. constructed a townhome project on property owned by the Association.
The insured successfully remanded the case back to state court when the insurer could not substantiate that the amount in controversy would exceed $75,000. Puente v. State Farm Lloyds, 2016 U.S. Dist. LEXIS 58103 (S.D. Texas March 28, 2016).
The insured's property was damaged in a wind and hail storm.
The Hawaii Supreme Court vacated the decision of the Intermediate Court of Appeals [see prior post here] and determined that a subcontractor did not have a duty to defend the developer upon tender under an indemnify provision in the parties' contract. Arthur v. State of Hawaii, 2016 Haw. LEXIS 155 (June 27, 2016). …
The Eighth Circuit rejected the policyholder's appeal on the ambiguity of a subsurface water exclusion. Bull v. Nationwide Mut. Fire Ins. Co., 2016 U.S. App. LEXIS 9703 (8th Cir. May 27, 2016).
Michael Bull, the insured, experienced a leak from a buried pipe beneath his garage slab. The leak caused…
