Our panel presented this morning at the Insurance Coverage Litigation Committee’s annual seminar this morning. We addressed “Appraisals: What’s My Loss?”
Members of our panel were Judge Keith Hiraoka from the Hawaii Intermediate Court of Appeals, Rina Carmel from Anderson McPharlin & Conners, LLP; John Vishneski from Reed Smith; Karin Aldama from Perkins Coie
Court Finds Matching of Damaged Materials is Required by Policy
The court granted, in part, the insured's motion for summary judgment by finding that matching roof tiles were required under the policy. Bertisen v. Travelers Home and Marine Ins. Co., 2024 U.S. Dist. LEXIS 3907 (D. Colo. Jan. 8, 2024).
The insureds sued Travelers for breach of contract, common law bad faith, and
Ninth Circuit Finds “Dwelling” in Homeowners Policy Ambiguous
The Ninth Circuit found that the word "dwelling" in a homeowners policy was ambiguous becuase it could take on a broader meaning encompassing multiple structures. Safeco Ins. Co. ov Am. v. Havorson, 2023 U.S. App. LEXIS 12596 (9th Cir. May 23, 2023).
The issue was whether the homeowners policy eliminated
Ninth Circuit Finds Insurer Cannot Impose Joint and Several Liability in Seeking Reimbursement
Applying California law, the Ninth Circuit determined that the insurer could not seek reimbursement from an insured based upon joint and several liability. United Specialty Ins. Co. v. Banihashemi, 2023 U.S. App. LEXIS 5546 (9th Cir. March 8, 2023).
The insured appealed the district court's summary judgment order holding him
Dobbs’ Impact on Coverage Issues
Our panel spoke at the ABA, Section of Litigation, Insurance Litigation Committee’s annual seminar today in Tucson. We addressed the impact of the Supreme Court’s overruling the Roe case in Dobbs v. Jackson Women’s Health Organization.
Tenth Circuit Case on Claims adjusters
The decision is here.
Blog Completes Fifteenth Year
Insurance Law Hawaii completes its fifteenth year of existence this month. We began posting in December 2007, 1656 posts ago.
We strive to keep readers abreast of new developments in insurance-related cases from Hawaii and across the country. Coverage issues in the past year have again been dominated by COVID-19, business interruption, construction defect, and
Colorado Construction Defect Case
The decision is here.
LA Lakers Partially Survive Motion to Dismiss of COVID-19 Claims
While the appellate court affirmed dismissal of a majority of the claims submitted by the Los Angeles Lakers for closure of the Staples Center due to COVID-19, a portion off their claim survived. L.A. Lakers v. Fed. Ins. Co., 2022 U.S. Dist. LEXIS 51563 (C.D. Calif. March 17, 2022).
Government
Broker’s Conversations with Insured’s Attorney Privileged
The court denied the insurer's motion to compel seeking communications between the insured, its attorney and the insured's broker. M&C Holdings Del. P'ship v. Great Am. Ins. Co., 2021 U.S. Dist. LEXIS 186358 (S.D. Ohio Sept. 29, 2021).
The insured's employee siphoned off commission payments to fictitious recipients. Great American