Under Hawaii Insurance law, punitive damages are not insurable unless expressly provided for in an insurance policy. Haw. Rev. Stat. §431:10-240. A recent Texas case issued a surprising decision holding that public policy did not bar a liability insurer from covering punitive damage for an employer’s gross negligence. See Fairfield Ins. Co. v.
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Employer’s Mere Payment of Premiums Does not Create Employee Benefit Plan under ERISA
Courts consistently strike down state laws that create claims for relief against ERISA-covered employee benefit plans, even if those state laws also regulate insurance. In 2004, the Hawaii Supreme Court found that the Employee Retirement Income Security Act (ERISA) preempted Hawaii’s statute providing review by the Insurance Commissioner pursuant to the Patient’s Bill …
Condominiums Take Advantage of Florida Self Insurance Trust
Florida enacted legislation last year to allow condominiums to take greater control over the costs and availability of hurricane coverage through the formation of self insurance trusts. The Palm Beach Daily News reported last week that the Palm Beach Windstorm Self Insurance Trust was the first group in the state able to meet …
Falling Insurance Prices Mean Less Profit for Brokers
Market Watch has reported that falling prices for commercial insurance and other coverage is beginning to affect insurance broker’s revenue growth. Property and casualty insurance prices rise and fall in cycles. When insurance companies are profiting from business, they compete more aggressively to win new business, driving prices down and cutting future profits. …
Hawaii Settles Suit with AIG
We previously reported on Hawaii’s settlement with Travelers in a suit filed in Florida. Pacific Business News and the Honolulu Advertiser report that Hawaii and eight other states and the District of Columbia have settled its claims in the same suit against American International Group Inc. AIG will pay Hawaii $12.5 million.
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Excess Carrier not Entitled to Reimbursement of Settlement Funds
The Hawaii Appellate Courts have never decided whether the insurer may seek reimbursement of defense or settlement costs if it is determined there is no duty to defend under the policy. Federal District Court Judge Helen Gillmor, however, believes that Hawaii case law permits an insurer to obtain reimbursement of defense costs in …
Affordable, Comprehensive Earthquake Coverage Difficult to Obtain in Hawaii
Having experienced an earthquake of 6.8 magnitude in October 2006, resulting in extensive property damage, many Big Island homeowners would appreciate a policy offering coverage for loss due to earthquake. Earthquake coverage is hard to come by, however, and when it is available, it is expensive.
I recently reviewed an all
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Allstate Faces Inquiries in Louisiana
We recently reported on Florida’s investigation of Allstate’s charging increased premiums. Today’s Times Picayune reports Allstate is also in hot water with Louisiana regulators.
Policyholders have filed recent complaints with the Louisiana Department of Insurance because Allstate has been encouraging homeowners to re-write their policies with cheaper premiums but without hurricane …
Professional Liability Insurance for CIA Employees
The New York Times reported on Sunday on profession liability policies available to CIA employees through Wright and Company. The polices are becoming increasingly important while the investigation of the destruction of the interrogation videotapes heats up.
The standard policy costs $300 annually, with the government typically paying half the premiums …
Allstate Gets Temporary Reprieve in Florida
Last week, we reported the Florida Insurance Commissioner had suspended Allstate from writing new policies after it failed to comply with the Commissioners’ subpoena regarding Allstate’s steep increase in property insurance premiums. Reuters reports that on Friday, the Florida Court of Appeal stayed the Commissioner’s order for ten days, allowing Allstate’s 1,100 Florida
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