Insurance Law Hawaii

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By: Damon Key Leong Kupchak Hastert

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Tred Eyerly

Latest from Insurance Law Hawaii

    The court determined that a young girl’s suicide prompted by the insured’s text messages constituted an occurrence under the homeowner’s policy. State Farm Fire and Cas. Co. v. Motta, 2018 U.S. Dist. LEXIS 208472 (E.D. Pa. Dec. 11, 2018).     High school student Zach Trimbur harassed and cyberbullied classmate Julia Morath. When the boy’s parents, Walter Trimbur and Stephanie Moota, were informed, they assured school administrators they would supervise, discipline and control…
    The plaintiff’s suit against her agent for allegedly misleading her regarding certain investment strategies for proceeds of a life insurance policy and fees survived the agent’s motion to dismiss. Waldemar v. Golden, 2018 U.S. Dist. LEXIS 204801 (M.D. Fla. Dec. 4, 2018).     The facts were based upon the allegations in the complaint. Golden, the agent, sold a life insurance policy to plaintiff’s husband. After her husband’s death, Golden contacted plaintiff and offer…
    While the insured was able to carry his burden to show the collapse of a roof, he failed to establish damages under the policy. Iannucci v. Allstate Ins. Co., 2018 U.S. Dist. LEXIS 203687 (N.D. N.Y. Dec. 3, 2018).      In 2005, the insured purchased a parcel of land together with a three-story building constructed in 1870. No one resided in the building at the time of purchase or afterward. The building was…
    The court dismissed a class action suit against State Farm which sought to establish that a calculation of actual cash value (ACV) in a homeowners policy could not depreciate the cost of labor. Cranfield v. State Farm Fire & Cas. Co., 2018 U.S. Dist. LEXIS 199618 (N.D. Ohio Nov. 26, 2018)     Cranfield submitted a claim to State Farm after his home was damaged by a storm. An adjuster inspected the damage and…
    The insured’s failure to verify that subcontractors had CGL policies and to provide a contract stating that the subcontractors would indemnify the insured as required by the policy’s endorsement meant there was no coverage for the insured. Cincinnati Spec. Underwriters Ins. Co. v. Milionis Constr., Inc., 2018 U.S. Dist. LEXIS 199658 (E.D. Wash. Nov. 26, 2018).      The homeowners filed suit against Milionis, the general contractor for construction of a home. The underlying…
    Reversing the district court, the Fifth Circuit found one occurrence after the insured’s truck struck multiple vehicles. Evanston Ins. Co. v. Mid-Contenint Cas. Co., 2018 U.S. App. LEXIS 32722 (5th Cir. Nov. 19, 2018).     An employee of Global Waste Services, LLC, Marlon Diggs, lost control of his Mack truck. At 11:04 a.m., the Mack truck hit a Dodge Ram. Three minutes later, the Mack truck struck a Ford F150. Two minutes after…
   The insurer properly denied coverage for collapse of a building when the insured knew from an expert’s examination that the walls of his house were deteriorating. Jaimes v. Liberty Ins. Corp., 2018 U. S. Dust. LEXIS 198224 (D. Colo. Nov. 21, 2018).     The insured discovered a crack in the wall of his home. He hired Anchor Engineering to inspect. Anchor found a large bulge in the south wall. Several problems with deterioration were…
    The Eighth Circuit affirmed the district court’s judgment that the insurer acted in bad faith when it denied the insured’s claim based upon misrepresentations in the application after destruction of his house by fire. Hayes v. Metropolitan Pro. and Cas. Ins. Co., 2018 U.S. App. LEXIS 31813 (8th Cir. Nov. 9, 2018).     Hayes’ home was insured by Met under a homeowner’s policy. Hayes used the detached garage as part of a home…
    The Ninth Circuit certified a question to the Washington  Supreme Court as follows: Under Washington law, is an insurer bound by representations made by its authorized agent in a certificate of insurance with respect to a party’s status as an additional insured under a policy issued by the insurer, when the certificate includes language disclaiming its authority and ability to expand coverage? T-Mobile USA Inc. v. Selective Ins. Co lf Am., 2018 U.S. App. LEXIS…