Damon Key Leong Kupchak Hastert

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Inverse Condemnation
Insurance Law Hawaii

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Latest from Damon Key Leong Kupchak Hastert

    In a case related to Great Divide Ins. Co. v. Hawaiian Kamali`i, 2019 U.S. Dist. LEXIS 43106 (D. Haw. March 15, 2019) [post here], the Federal District Court for the District of Hawaii confronted issues created by a cross-claim for one of the purported insureds. United States Fire Ins. Co. v. Hawaiian Canoe Racing Ass’ns, 2019 U.S. Dist. LEXIS 55034 (D. Haw. March 29, 2019).      Similar to Great Divide, this case…
Thanks to Professor Michael Wara’s Twitter feed, here is what might possibly be the first and only example of a comic strip devoted to inverse condemnation. Yes, it is on an advocacy site (the International Brotherhood of Electrical Workers Local 1245), and it doesn’t really go into the details of the doctrine, but come on, what did you expect? Just sit back and enjoy.…
    The Michigan Court of Appeals found there was no coverage for a lawsuit filed against the insureds for faulty workmanship. Skanska United States Bldg. v M.A.P. Mech. Contrs., 2019 Mich App. LEXIS 529 (Mich. Ct. App. March 19, 2019).     Contractor Skanska United States Building was the construction manager on a renovation project for the medical center. The heating and cooling portion of the project was subcontracted to M.A.P. Mechanical Contractors (MAP). MAP…
If you are wondering why the doors to most state, county, and city offices are locked today, remember that it is the day that Hawaii celebrates Good Friday. Good Friday is an an official state-sanctioned holiday in Hawaii, so we’re reposting our annual recounting of how it came to be that the State commemorates the date of the crucifixion, and how that squares with the Establishment Clause of the First Amendment.  Turns out that…
Here’s the Brief in Opposition, in Like v. Transcontinental Gas Pipe Line Co., LLC, No. 18-1206 (Apr. 17, 2019), the case which we’ve been following (and in which we filed this amici brief).  This is the case in which landowners are challenging the district court’s issuance of an injunction in a Natural Gas Act taking which allow a private condemnor to obtain immediate possession of the land being condemned even though the Natural…
    The appellate court vacated the trial court’s grant of summary judgment to the insurer because of the subcontractor’s alleged faulty workmanship. All America Ins. Co. v. Lampasona Concrete Corp., 2019 Mass. App. LEXIS 34 (March 19,2019).      After construction of the hospital, the Northeast Hospital Corporation (NHC) sued he general contractor, alleging property damage to the finished first floor and other areas of the hospital. The contractor filed a third-party complaint seeking indemnification…
    The Federal District Court for the District of Hawaii found bodily injury suffered in a boating accident was barred under the policy’s Watercraft and Events Exclusions. Great Divide Ins. Co. v. Hawaiian Kamali`i, 2019 U.S. Dist. LEXIS 43106 (D. Haw. March 15, 2019).     The Hawaiian Canoe Club (HCC) hosted and sponsored the 2016 Pailolo Challenge Outrigger Canoe Race on September 17, 2016, from Kapalua, Maui to Kaunakakai, Moloka`i. Mark Stevens agreed to…
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Here are the links from today’s two sessions (the first, federal water issues impacting local land use; the second, Bringing and Defending a Takings Case): Maui groundwater CWA case the public trust along the Indiana shoreline tribal fishing rights and … highway culverts? WOTUS: son, they’re all my helicopters! Auer deference on the chopping block? Knick v. Township of Scott – state or federal court for your local government takings claim? Litz: Maryland Court…
    The court denied plaintiff’s motion for remand after his coverage case was removed to federal district court. Greenson, 2019 U.S. Dist. LEXIS 29476 (D. Haw. Feb. 25, 2019).     Greenspon filed a coverage action in Hawaii state court against AIG, Prommis Solutions Holding Corp. (PSHC), and the law firm, McCorriston Miller Mukai and MacKinnon. The action arose from a March 14, 2018 default judgment obtained by Greenspon in a 2014 state court wrongful…
    The insured sued for conversion of his premiums after the insurer denied its claim for collapse of a retaining wall. Lead GHR Enterprises, Inc. v. Am States Ins. Co., 2019 U.S. Dist. LEXIS 29412 (D. S. D. Feb. 25, 2019).     Suit was filed after the insured’s claim was denied. Cross motions for summary judgment were filed. The insurer sought to dismiss the conversion claim as a matter of law. The court agreed…