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Insurance Law Hawaii

A commentary on insurance coverage issues in Hawaii and beyond

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California Court of Appeal Finds Lingering Smoke From Wildfire is not Direct Physical Loss

By Tred R. Eyerly on March 5, 2025

    On the heals of a decision from a federal district court that smoke damaged was a direct physical loss, the California Court of Appeal affirmed the trial court's grant of summary judgment to the insurer regarding the insureds' claim for loss due to smoke damage. Gharibian v. Wawanesa General Ins. Co., 2025…

Posted in Bad Faith, First Party Insurance

After Breaching Its Duty to Defend, Insurer Must Pay Market Rates for Defense Counsel

By Tred R. Eyerly on October 4, 2023

    After breaching its duty to defend, the insurer could not take advantage of a California statute allowing insurers to establish rates for defense counsel. S. Cal. Edison Co. v. Greenwich Ins. Co., 2023 U.S. Dist. LEXIS 151695 (C.D. Cal. July 28, 2023). 

    Edison was an additional insured under a policy…

Posted in Comprehensive General Liability, Duty to Defend
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