Here is our power point from today's presentation to the Hawaii State Bar Association's Litigation and Insurance Coverage Litigation sections. We discussed "other insurance" clauses as addressed by the Hawaii Supreme Court in Nautilus Ins. Co. v. Lexington Ins. Co., 132 Haw. 283, 321 P.3d 634 (2014).
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Group Builders Update – Ongoing Debate In Hawaii Over Coverage for Construction Defects
Our law firm's quarterly publication, Legal Alert, includes my article updating the evolving debate in Hawaii over coverage for construction defects. The latest edition of Legal Alert and my article are here.
Upcoming ABA Insurance Coverage Conference In Tucson
The ABA, Section of Litigation, Insurance Coverage Litigation Committee's annual insurance seminar will be held again this year in Tucson from February 28 to March 2, 2013. As always, this year's conference will offer a number of informative, cutting-edge sessions on a variety of insurance coverage-related topics. Participants from across the country with varying perspectives on insurance…
Blogging for Five Years
We passed our fifth anniversary for this blog earlier this month. It has been an interesting journey, over 630 posts now, unquestionably a self-education in insurance issues, as well as a mechanism for connecting with others.
And we have readers, too. Again, thanks for the support this year, compelling us search for material worth…
Issue Preclusion from Arbitration Bars Coverage
Lucian Manganella was the president and sole shareholder of Jasmine, a clothing retailer. See Manganella v. Evanston Ins. Co., 2012 U.S. App. LEXIS 24360 (1st Cir. Nov. 27, 2012). Donna Burgess, whose sexual harassment allegations against Manganella formed the underlying claims, was Jasmine's human resources manager from 1997 to 2006.
In 2005, Manganella…
Insurer Waives Attorney-Client Privilege and Work Product Protection
By voluntarily injecting a legal issue into the case, the insurer waived the right to keep its communications confidential. Catalina London v. Johnson & Bell, Ltd., 2012 U.S. Dist. LEXIS 147993 (N.D. Ill. Oct. 10, 2012).
The Catalina London sued its former coverage counsel for giving negligent coverage advice in a declaratory judgment…
Latest Legal Alert Focuses on Litigation Skills
Damon Key's current edition of Legal Alert focuses on its litigation practice. See the current edition here.
Coverage for Stolen Marijuana Plants Violates Public Policy
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…
Hawaii Circuit Court Rules In Favor of Insureds in Construction Defect Case
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…
Hawaii Commissioner Outlines State of Insurance Industry
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…