A commentary on insurance coverage issues in Hawaii and beyond
The insured's claims for breach of contract and bad faith remained while his claims for deceptive practices and punitive damages were dismissed. Fishberg v. State Farm Fire & Cas. Co., 2021 U.S. Dist. LEXIS 135043 (S.D. N. Y. July 20, 2021).
The insured rented a apartment. He was insured…
The California Court of Appeal affirmed the trial court's finding of coverage for faulty workmanship allegations and bad faith by the insurer. Pulte Home Corp. v. Am Safety Indem. Co., 2017 Cal. App. LEXIS 748 (Cal. Ct. App. Aug. 30, 2017).
Pulte Home Corporation was the general contractor and developer…
The court determined the insurer did not act in bad faith when it failed to indemnify the insured for an award of punitive damages. Bensalem Racing Ass/n v. Ace Prop. & Cas. Ins. Co., 2017 Phila. Ct. Com. Pl. LEXIS 11 (Pa. D. Jan. 20, 2017).
The insured, Parx Racing, operated a racetrack. Mario Ramiro…
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 Illinois Appellate Court determined the insurer must cover a settlement reached by its insured and it independent counsel who was retained due to a potential conflict. Standard Mut. Ins. Co. v. Lay, 2014 Ill. App. LEXIS 20 (Ill. Ct. App. Jan. 23, 2014).
The insured, a small real estate agency…
Two interesting issues were presented in Jeffrey M. Brown, Assoc., Inc. v. Zurich Am. Ins. Co., 2010 N.J. Super. LEXIS 108 (N.J. Super. Ct. App. Div. June 23, 2010). First, what was the scope of coverage provided by an additional insured endorsement which provided the coverage was "excess over any other insurance?" Second…
The Texas Supreme Court recently held a liability insurer may indemnify an award of punitive damages imposed because of an insured’s gross negligence. Public policy, the court reasoned, favored freedom of contract. The court, however, limited this decision to the workers’ compensation context.
Of note, the Texas court noted that Hawaii has statutorily adopted the…
