A commentary on insurance coverage issues in Hawaii and beyond
The New York Court of Appeals considered whether a Landlord was an additional insured under a policy obtained by the Tenant. See Kassis v. The Ohio Casualty Ins. Co., No. 117 (N.Y. Ct. App. June 25, 2009).
The Landlord leased property to the insured, who, pursuant to the lease, obtained a commercial general liability insurance…
Determining the duty to defend does not arise until the insurer receives notice of a claim, the Indiana Supreme Court further found the insured has no right to pre-notice defense costs. Dreaded, Inc. v. St. Paul Guardian Ins. Co., No. 49S02-0805-CV-244, Ind. Sup. Ct. April 28, 2009) [here].
In November 2000, Dreaded received a letter from the…
The First Circuit recently determined the efficient proximate cause doctrine would not apply under Maine law. See First Specialty Ins. Corp. v. Am. Home Assurance Co., 2009 U.S. App. LEXIS 3943 (Feb. 27, 2009 1st Cir.).
The insured was hired to deliver a construction barge on the Merrimack River using a tug. …
LexisNexis Insurance Law Center has asked insurance bloggers to post the following notice about nominations for "Insurance Law Persons of the Year."
The LexisNexis Insurance Law Center is now receiving nominations for the Center’s “Insurance Law Persons of the Year” award. The award seeks to identify and recognize people who have been a major …
In a prior post, we discussed Cornhusker Cas. Ins. Co. v. Kachman, No. 06-35106 (9th Cir. Jan. 30, 2008). In the initial Cornhusker decision, the Ninth Circuit certified to the Washington Supreme Court the issue of whether a cancellation letter sent by certified mail but never received by the insured was effective under…
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…
