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Insurance Law Hawaii

A commentary on insurance coverage issues in Hawaii and beyond

gross negligence

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Insurer Has Duty to Defend Sexual Abuse of Minor Claims

By Tred R. Eyerly on December 22, 2021

    The court granted summary judgment to the school district, finding the insured was entitled to a defense against sexual abuse claims alleged against its employee. West Bend Mut. Ins. Co. v. Cmty. Unit Sch. Dist. 300, 2021 Ill. App LEXIS 622 (Ill. App. Ct. Nov. 12, 2021).

    The School District rented space to the…

Posted in Comprehensive General Liability, Duty to Defend, Occurrence

Gross Negligence May Constitute an Occurrence

By Tred R. Eyerly on July 20, 2020

    The Iowa Supreme Court reversed the trial court and held that alleged acts of gross negligence may constitute an occurrence. T.H.E. Insurance Co. v. Glen, 2020 Iowa LEXIS 64 (Iowa June 5, 2020).

    Stephen Booher was a seasonal employee at Adventureland Amusement Park. He had been recently employed as a loading…

Posted in Comprehensive General Liability, Occurrence

Shooting Into Lake Constitutes Gross Negligence Under Indemnity Provision

By Tred R. Eyerly on September 5, 2018

    In deciding which tower of insurance was triggered, the Eighth Circuit had to determine whether the action of one insured's employee in shooting into the direction of a lake and hitting a young girl constituted gross negligence. Federal Ins. Co. v. Great Am. Ins. Co., 893 F. 3d 1098 (8th Cir. 2018).…

Posted in Comprehensive General Liability
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