The Hawaii Federal District Court recently remanded a coverage case to allow the Hawaii state court to decide whether an exclusion in a professional liability policy was applicable.  See  Keown v. Tudor Ins. Co., 2008 U.S. Dis;t. LEXIS 42996 (D. Haw. May 30, 2008).

     The insured was a realtor and…

     In Sturla, Inc. v. Fireman’s Fund Ins. Co., 67 Haw. 203, 684 P.2d 960 (1984), the Hawai`i Supreme Court determined that the distributor of allegedly defective carpet was an insured under a Vendor’s Endorsement, but found there was no coverage based on exclusions in the policy.  The opposite result was reached in…

     In a prior post, we discussed Florida’s ongoing investigation of Allstate’s alleged collusion with other insurance companies to keep insurance rates artificially high.  When Allstate failed to comply with a subpoena in January and testify about its property insurance business, it was suspended by Florida’s Office of Insurance Regulation.

     Allstate’s…

     Unlike California, Hawai`i law does not statutorily impose strict disclosure requirements when an insurance enrollment application mandates that disputes be resolved solely by arbitration.  California courts, on the other hand, narrowly construe an insurer’s attempt to limit disputes to arbitration, as evidenced by the recent decision in Rodriguez v. Blue Cross of California…

      In a prior post, we noted that much of Honolulu has yet to be mapped by the Federal Emergency Management Agency for flood insurance purposes.  This leaves neighborhoods unrated for flood insurance, resulting in high premiums even for areas not prone to floods. 

     An informative story appearing over the weekend in…

Umbrella coverage typically provides two types of coverage: excess coverage and gap-filling coverage, which obligates the insurer to defend for any loss covered by the terms and conditions of the umbrella policy and not covered by the primary policy.  In Dairy Road Partners v. Island Ins. Co., Ltd., 92 Hawai`i, 992 P.2d 93 …

At stake in Gillan v. Government Employees Insurance Co., No. 28075 (Haw. Ct. App. April 17, 2008), was whether the insurer could deny Personal Injury Protection (PIP) benefits based upon a review of medical records by a doctor chosen by the insurer but without the insured’s approval.

Gillian was injured in an accident while …

Although it did not address insurance coverage, the Hawaii Intermediate Court of Appeals (ICA) issued an important decision regarding the state’s regulation of the insurance industry in Hawaii Insurers Council v. Lingle, et al, No. 27840 (Haw. Ct. App. April 14, 2008).

The Insurance Regulation Fund (IRF) was established by the legislature in 1999, …