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Insurer Awarded Summary Judgment on Collapse Claim

December 9, 2019

The Eleventh Circuit agreed with the insurer that there was no coverage for a collapse under the policy. S.O. Beach Corp. v. Great Am. Ins. Co.,2019 U.S. App. LEXIS 32569 (11th Cir. Oct. 31, 2019). S.O. Beach Corporation and Larios on the Beach, Inc (“Larios”) owned a building in Miami Beach. Sometime between march 4, 2012 and April 10, 2013, Larios discovered that parts of the first three floors of its…

Insurance Law Hawaii

On to Year Thirteen for Blog

By Tred Eyerly

December 4, 2019

Insurance Law Hawaii hits twelve years of existence this week, 1343 posts later. We started in December 2007. We keep at it in order to keep up on developing issues in insurance law. We strive to keep readers abreast of new developments in cases from across the country. Other Damon Key blogs to check out are www.inversecomdemnation.com [here] authored by Robert Thomas, Mark Murakami‘s www.oceanlawhawaiil.com [here…

Insurance Law Hawaii

Insurer Rejecting Construction Defect Claim Must Share in Defense Costs

By Tred Eyerly

December 2, 2019

One insurer, who accepted the tender of defense in a construction defect case, successfully moved for summary judgment against the second insurer, who denied the insured’s tender. Interstate Fire & Cas. v. Aspen Ins. UK Ltd., 2019 N.Y. Misc. LEXIS 5800 (N.Y. Sup. Ct. Oct. 25,2019). Standard Waterproofing Corporation was hired by the construction manager, G Builders, to perform waterproofing work as part of condominium conversion project. After the project was…

Insurance Law Hawaii

Collapse of Breezeway Attached to Building Covered

By Tred Eyerly

November 27, 2019

The federal district court found that a breezeway that collapsed during a party was covered by the commercial property policy. DENC, LLC v. Philadelphia Indem. Ins. Co., 2019 U.S. Dist. LEXIS 179083 (M.D. N.C. Oct. 15, 2019). DENC owned an apartment complex that was insured by Philadelphia under an all-risk policy. During an early morning party, a large number of students gathered on the second-floor breezeway for a party. The students started…

Insurance Law Hawaii

Insurer Must Honor Written Representation Made its Agent in Certificate of Insurance

By Tred Eyerly

November 25, 2019

Answering a certified question from the Ninth Circuit, the Washington Supreme Court responded that an insurer’s agent who makes a representation in a certificate of insurance binds the insurer. T-Mobile USA Inc. v. Selective Ins. Co. of Am., 2019 Wash. LEXIS 659 (Wash. Sup. Ct. Oct. 10, 2019). Two T-Mobile companies were involved in the case: T-Mobile USA and To-Mobile Northeast. T-Mobile NE wanted to construct a cell phone tower on a…

Insurance Law Hawaii

Some Insurers Dismissed, Others Are Not in Claims for Faulty Workmanship

By Tred Eyerly

November 20, 2019

The insured Developer survived a motion to dismiss by one of several carriers who were asked to defend against claims for faulty workmanship. East 111 Assoc. LLC v. RLI Ins. Co., 2019 N.Y. Misc. LEXIS 5331 (Oct. 4, 2019). Developers sponsored a residential condominium project and sold all units. The owners subsequently sought damages for $881,450 for alleged design and construction defects, and asserting causes of action for, among other things, breach…

Insurance Law Hawaii

Denial of Coverage Reversed, Remanded for Possible Reformation of Policy

By Tred Eyerly

November 18, 2019

The Seventh Circuit reversed and remanded for consideration of reformation of the professional liability policy after the district court found there was no coverage. Crum & Forster Spec. Ins. Co. v. DVO, Inc., 939 F. 3d 852 (7th Cir. 2019). WTE-S&S AG Enterprise, LLC sued DVO for breach of contract. DVO designed and built machinery for generating electricity from cow manure which would then be sold to the electric power utility. DVO…

Insurance Law Hawaii

Third Circuit Remands Denial of Coverage Based on Expected and Intended Definition of Occurrence

By Tred Eyerly

November 13, 2019

While affirming the district court’s denial of coverage under policies that defined occurrence as an accident, the Third Circuit remanded for further consideration of the policies containing an expected and intended definition of occurrence. Sapa Extrusions, Inc. v. Liberty Mut. Ins. Co., 2019 U.S. App. LEXIS 27668 (Sept. 13, 2019). Sapa manufactured aluminum extruded profiles which were used for door and window frames. A pretreatment coating process was used in several aluminum…

Insurance Law Hawaii

Auto Policy Provides No Coverage For Death Caused by Reckless Driving

By Tred Eyerly

November 6, 2019

The Magistrate Judge for the Federal District Court of Hawaii recommended a finding that there was no coverage under the deceased driver’s car rental policy or rental agreement for an accident caused by reckless driving. Praetorian Ins. Co. v. Estate of Apo, 2019 U.S. Dist. LEXIS 164489 (D Haw. Sept. 6, 2019). The decedent was asleep in a rented vehicle when awakened by police. The decedent reversed the auto and collided with…

Insurance Law Hawaii

Contractor Entitled to Defense for Alleged Faulty Workmanship of Subcontractor

By Tred Eyerly

November 4, 2019

Applying Nevada law, the Federal District Court in Florida found that the general contractor was entitled to a defense of claims based upon alleged faulty workmanship of a subcontractor. KB Home Jacksonville LLC v. Liberty Mutual Fire Ins. Co, 2019 U.S. Dist. LEXIS 151235 (M.D. Fla. Sept 5, 2019). KB Home completed six residential developments utilizing various subcontractors. One subcontractor was Florida State Plastering, LLC (FSP) for installing stucco. Eighty-eight complaints against…

Insurance Law Hawaii

Blog Authors

Insurer Awarded Summary Judgment on Collapse Claim

On to Year Thirteen for Blog

Insurer Rejecting Construction Defect Claim Must Share in Defense Costs

Collapse of Breezeway Attached to Building Covered

Insurer Must Honor Written Representation Made its Agent in Certificate of Insurance

Some Insurers Dismissed, Others Are Not in Claims for Faulty Workmanship

Denial of Coverage Reversed, Remanded for Possible Reformation of Policy

Third Circuit Remands Denial of Coverage Based on Expected and Intended Definition of Occurrence

Auto Policy Provides No Coverage For Death Caused by Reckless Driving

Contractor Entitled to Defense for Alleged Faulty Workmanship of Subcontractor

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