Last April we reviewed the Hawai`i Intermediate Court of Appeals' (ICA) decision that the Insurance Commissioner's assessments against insurers were unconstitutional taxes. The Hawai`i Supreme Court recently affirmed in part, reversed in part. See Hawaii Insurers Council v. Lingle, 2008 Haw. LEXIS 287 (Haw. Dec. 18, 2008).
In 1999, the legislature created the Insurance
The Supreme Court recently granted certiorari in Travelers Indemnity Co. v. Baily, Case No. 08-295 (cert. granted Dec. 12, 2008). Although Travelers is a bankruptcy case, it addresses whether a settlement with an insured and its insurers bars future direct action claims against the insurance companies.
The insured, Johns-Manville Corporation, was reorganized in 1986 under protection of the
The Hawai`i Supreme Court recently affirmed the Intermediate Court of Appeal, deciding that a medical record review was not independent medical examination. See Gillian v. Government Employees Ins. Co., 2008 Haw. LEXIS 254 (Haw. Oct. 29, 2008). We reported on the ICA's decision here.
Gillian was injured in an auto accident while a passenger in
Does the insured breach the policy by waiving the insurer's right to a credit for workers' compensation? In Travelers Prop. Cas. Co. of Am. v. ConocoPhillips Co., No. 06-15664 (9th Cir. Oct. 20, 2008), the Court held the policy was not breached by the insured's waiver.
During a fire at
In Hawaii Management Alliance Assoc. v. Schmidt, 2008 U.S. Dist. LEXIS 69995 (D. Haw. Sept. 5, 2008), the the insured ("HMAA"), a mutual benefit society, challenged a memorandum issued by the Hawaii Insurance Commissioner which stated granting a plan administrator discretionary authority so as to deprive the insured of a de novo
Can an insured assign the rights to payment under its insurance policy even though the policy includes a consent-to-assignment clause? The Vermont Supreme Court recently answered, yes. See In re Ambassador Ins. Co., 2008 Vt. LEXIS 108 (Vt. Aug. 14, 2008).
Ambassador issued two occurrence-based excess policies to Green Industries
Just to prove we’ll do anything for our readers, this post is being made from my iPhone. Now we can blog 24/7!
A recent Wall Street Journal article critiques insurers for the recent use of computerized risk projection models to take global warming into account. Previously, insurers relied primarily on historical data to set rates. After the severe hurricanes in 2004, insurers started using new computer models to project natural catastrophes over the next several years (a
Coverage for a suit involving false billing claims submitted in violation of the False Claims Act is generally not recognized under a liability policy. This was the result reached in a recent case decided by the Tenth Circuit. See Zurich Am. Ins. Co. v. O’Hara Regional Center for Rehabilitation, Nos. 06-1357 and
The United States Supreme Court decided an insurance-related case last week involving the insurer’s potential conflict of interest in its dual role in administering and paying benefits under an ERISA plan. Metropolitan Life Ins. Co. v. Glenn, No. 06-923 (U.S. Supreme Ct. June 19, 2008). MetLife was the administrator and insurer of