An interesting case challenging the insurer's denial of coverage for stolen marijuana plants has been working its way through the Federal District Court in Hawaii. See Tracy v. USAA Cas. Ins. Co., Civil No. 11-00487 LEK-KSC (Order Granting Defendant's Motion for Summary Judgment, issued March 16, 2012).

   Plaintiff had twelve marijuana plants stolen from…

  See the post here by Anna Oshiro, my Damon Key blogging colleague, on a significant ruling that the insurers must defend in a construction defect case. As Anna reports, Judge Patrick Border has issued a minute order in Coastal Constr. Co., Inc. v. N. Am. Specialty Ins. Co., Civil No. 11-1-0417-03, Circuit Court, First Circuit…

   The Commissioner of the Hawaii Insurance Division, Gordon Ito, met with the HSBA Insurance Coverage Litigation section last week. The Commissioner gave an overview of the Insurance Division and its inner workings.

   Here's a summary of the Commissioner's presentation.

   The Insurance Division consists of various branches. The Division has 81 positions authorized, 70…

   Congratulations to my Damon Key blogging colleague, Rebecca Copeland, who has successfully steered the formation of an Appellate Section of the Hawaii State Bar Association. The HSBA Board approved the new section yesterday.  Read more on Rebecca's blog, www.recordonappeal.com.

   “Insurance Bad Faith Claims” will be the title of the seminar at which I will be a co-presenter on August 18, 2011. The seminar is hosted by Sterling Education Services.  My topics will be: (1) the development of the tort of bad faith; and (2) the elements of a bad faith case.

   Registration…

   The Louisiana Supreme Court considered a certified question from the Fifth Circuit regarding the applicability of anti-assignment provisions in homeowners' policies. In Re: Katrina Canal Breaches Litigation, 2011 La. Lexis 1118 (La. May 10, 2011).

The Fifth Circuit asked,

Does an anti-assignment clause in a homeowner's insurance policy, which by its plain terms

…

   Determining that the trial court erred in finding no coverage whenthe assignee of a policy neglected to offer proof of the assignment, the Florida Court of Appeal reversed in Cent. Square Tarragon LLC v. Great Divide Ins. Co., 2011 Fla. App. LEXIS 5963 (Fla. Ct. App. april 27, 2011). 

   The named insured sold…

Cases:

• St. Paul Fire & Marine Ins. Co. v. Bodell Construction Co., No. SCCQ-22-0000658, 2023 Haw.  LEXIS 194 (Haw. Nov. 14, 2023) – On a certified question from the federal district court, the Hawaii Supreme Court holds the insurer has no right to reimbursement of defense costs for uncovered claims

• Adams …