A commentary on insurance coverage issues in Hawaii and beyond
The Colorado Supreme Court determined that no exception to the economic loss rule existed for allegations of willful and wanton conduct. Mid-Century Ins. Co. v. HIVE Construction, Inc., 2025 Colo. LEXIS 273 (Colo. April 21, 2025).
HIVE Construction, Inc. served as the general contractor for the construction of Masterpiece Kitchen…
The court granted summary judgment to the insureds, finding they were not responsible for a water leak from a drain valve on the tenth floor of the building. Charter Oak Fire Ins. Co. v. Bremermann Mech., Inc., et al., 2025 U.S. Dist. LEXIS 59871 (E.D. La. March 31, 2025).
The…
Following its order dated February 10, 2025, the Hawaii Supreme Court issued its full opinion, explaining its answers to the reserved questions addressed in the order. In the Matter of the Petition for the Coordination of Maui Fire Cases, Haw Sup. Ct., SCRQ-24-0000602 (March 17, 2025) [Prior post on order here].…
The settlement reached in the Maui fire cases appears to be a step closer to becoming a reality after the Hawaii Supreme Court issued its Order answering three reserved questions posed by the circuit court. In the Matter of the Petition for the Coordination of Maui Fire Cases, SCRQ-24-0000602 (Order Feb. 10, 2025). The Order…
The insured's motion for partial summary judgment to eliminate the insurer's right to subrogation was denied. Fireman's Fund Ins. Co. v. S.A. Comunale Co, Inc., 2024 U,S. Dist. LEXIS 141930 (N.D. Ohio Aug. 9, 2024).
Fireman's Fund provided property insurance to Raisin Industries for property it owned and operated at…
The Hawaii Supreme Court determined that a subrogee insurance company that intervened had an independent right to continue pursuing its claims agains the tortfeasor that were not asserted by the subrogor employee even after the employee's claims were dismissed. Park v. Dongbu Ins. Co., Ltd., 2024 Haw. LEXIS 8 (Feb. 5, 2024).…
The appellate division reversed the lower court's dismissal of the subrogation action, deciding res judicata was not applicable. Cincinnati Ins. Co. v. Acadia Ins.Co., 2021 N.Y.App. Div. LEXIS 7272 (Dec. 23, 2021).
Irene Frey slipped and injured herself on property owned by 60 LBC. 60 LBC had retained Red Cedar…
The court largely denied one insurer's motion to dismiss subrogation and contribution claims raised by another insurer. Zurich Am. Ins. Co. v. Aspen Spec. Ins. Co., 2021 U.S. Dist. LEXIS 148739 (D. Nev. Aug. 6, 2021).
Both Zurich and Aspen issued policies to Cosmopolitan Hotel and Casino for an incident that…
The court determined that the non-participating insurer must reimburse the insurer who defended. Steadfast Ins. Co. v. Greenwich Ins. Co., 2019 Wisc. LEXIS 9 (Wis. Jan. 25, 2019).
Historic rains hit Milwaukee in June 2008, overwhelming the Milwaukee Metropolitan Sewage District's (MMSD) sewage system. Raw sewage backed up into 8,000…
The defendant's motion to dismiss an implied contract claim in a subrogation action was denied. Cumis Ins. Soc'y v. Count, 2018 U.S. Dist. LEXIS 118380 (D. Haw. July 16, 2018).
Cumis issued a fidelity bond to Kauai Government Employee's Federal Credit Union (KGE). The bond provided coverage of losses incurred as a result…
