Today's Honolulu Star-Advertiser reports state officials are concerned that Oahu residents eligible for cheaper flood policy rates based upon updated federal flood maps may miss a deadline looming on Wednesday, January 19, 2010. Failing to respond by Wednesday could mean having to pay $5700 a year for flood insurance instead of $350 a year.
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Hawaii Legislature Passes Insurance Related Bills
By Tred R. Eyerly on
The recently completed session of the Hawaii Legislature enacted six insurance-related bills. We summarize each below.
SB 2017 – Insurance Claims Adjusters; Crop Insurance
The bill allows a claims adjuster who adjusts only workers' compensation claims or crop insurance claims to take an examination approved by the Risk Management Agency of the United…
Guest Post: Surety Bonds
By Tred R. Eyerly on
The following guest post on surety bonds is provided by Kevin Kaiser of Surety Bonds.com, a nationwide bonding agency dedicated to educating people about surety bonds through their Surety Bond Education Program. (http://www.suretybonds.com/edu/). Five questions about bonds follow and are answered by Kevin.
1) What is a Surety Bond and How is…
Happy Holidays
By Tred R. Eyerly on
No substantive post today. All of the research/writing elves here at insurancelawhawaii.com, save one, have the rest of the week off.
But we take this opportunity to extend to you and your's a Merry Christmas and Happy New Year.
Hawai`i Life and Disabilty Insurance Guaranty Association
By Tred R. Eyerly on
A client's inquiry caused me to review the Hawai`i Life and Disability Guaranty Act ("Guaranty Association Act"). Haw. Rev. Stat. 431:16-201 to 219. Here is a summary of Hawai`i's statute.
1) Purpose of Statute.
The statute seeks to protect persons against the failure of life and accident and health or sickness
…
Additional Insured Entitled to Full Coverage
By Tred R. Eyerly on
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…
Insured Cannot Claim Defense Costs Incurred Prior to Giving Notice of Claim
By Tred R. Eyerly on
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…
Efficient Proximate Cause Doctrine Not Applicable In Barge Grounding
By Tred R. Eyerly on
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. …
Nominations Accepted for LexisNexis Insurance Law Center “Person of the Year”
By Tred R. Eyerly on
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 …
Ninth Circuit Again Considers Impact of Notice on Cancellation of Policy
By Tred R. Eyerly on
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…