Congratulations to my Damon Key blogging colleague, Rebecca Copeland, who has successfully steered the formation of an Appellate Section of the Hawaii State Bar Association. The HSBA Board approved the new section yesterday. Read more on Rebecca's blog, www.recordonappeal.com.
Upcoming Bad Faith Seminar
“Insurance Bad Faith Claims” will be the title of the seminar at which I will be a co-presenter on August 18, 2011. The seminar is hosted by Sterling Education Services. My topics will be: (1) the development of the tort of bad faith; and (2) the elements of a bad faith case.
Registration
Anti-Assignment Provision Can Bar Post-Loss Assignments in Louisiana
The Louisiana Supreme Court considered a certified question from the Fifth Circuit regarding the applicability of anti-assignment provisions in homeowners' policies. In Re: Katrina Canal Breaches Litigation, 2011 La. Lexis 1118 (La. May 10, 2011).
The Fifth Circuit asked,
Does an anti-assignment clause in a homeowner's insurance policy, which by its plain terms
Stipulation Acknowledging Assignment of Proceeds Improperly Ignored by Trial Court
Determining that the trial court erred in finding no coverage whenthe assignee of a policy neglected to offer proof of the assignment, the Florida Court of Appeal reversed in Cent. Square Tarragon LLC v. Great Divide Ins. Co., 2011 Fla. App. LEXIS 5963 (Fla. Ct. App. april 27, 2011).
The named insured sold
Representative Reported Cases and Publications
Cases:
• St. Paul Fire & Marine Ins. Co. v. Bodell Construction Co., No. SCCQ-22-0000658, 2023 Haw. LEXIS 194 (Haw. Nov. 14, 2023) – On a certified question from the federal district court, the Hawaii Supreme Court holds the insurer has no right to reimbursement of defense costs for uncovered claims
• Adams
Subcontractor’s Negligence Causing Construction Defect is Covered
Following recent precedent issued by the Indiana Supreme Court, the federal district court determined the CGL policy provided coverage for damage caused by the subcontractor. Gen. Casualty Ins. v. Compton Constr. Co., Inc., 2011 WL 939245 (N.D. Ind. March 16, 2011).
Zubak contracted with Compton to construct a new home. Compton contracted
Occurrence of Property Damage Triggers Policy, Not Negligent Act
Two insurers covering consecutive policy periods pointed the finger at one another regarding a loss caused by a leak. The court determined the policy in place when the leak occurred, not when the plumbing was installed, was triggered. See Alliance Mut. Ins. Co. v. Guilford Ins. Co., 2011 WL 883528 (N.C. App. March 15, 2011).
Wall Crumbles, Striking Pedestrian – Does Hawaii Allow Coverage for Faulty Workmanship?
Insurers are undoubtedly pleased with the Hawaii Intermediate of Appeals decision last year holding that construction defect claims do not constitute an “occurrence” under a CGL policy. See Group Builders, Inc. v. Admiral Ins. Co., 123 Hawaii 142, 148, 231 P.3d 67, 73 (2010).
But what about Island Insurance, a
Hawaii Has Another Legal Blog
Another matter of business to attend to today is congratulating Hawaii's newest blog, the Hawaii Litigation Blog at http://www.hawaiilitigation.com/. The blog is authored by the litigation practice group over at our friends, Alston Hunt Floyd & Ing.
We welcome you to the blogosphere and wish you the best.
Fire Policy Denying Coverage to Innocent Insureds is Invalid
The California Supreme Court considered whether coverage could be denied to innocent insureds whose home was damaged when their son, a co-insured, intentionally set fire to the home. See Century-National Insurance Co. v. Garcia, 2011 Cal LEXIS 1392 (Cal. Feb. 17, 2011).
After the insureds, husband and wife, suffered substantial damage to