Topic
Additional Insured
195 published works
Insurance Law Hawaii
Indemnity Provision Invalid, But Obligation to Cover Additional Insured Upheld
The court considered the validity of a contractual provision to provide insurance when the indemnity clause was deemed invalid. See Travelers Lloyds Ins. Co. v. Pacific Employers Ins. Co., 2010…
Insurance Law Hawaii
Insurer Must Defend Allegations of Failure to Disclose Chemical’s Dangerous Propensities
Whether a duty to defend was triggered by allegations of the failure to disclose a chemical's dangerous characteristics was the issue in Shell Chemical L.P. v. Discover Prop. &…
Insurance Law Hawaii
Additional Insured Denied Coverage After Named Insured Fails to Give Timely Notice
After being sued in a personal injury action, Marc-Scot Realty (property owner) and Willie Construction, sought a defense as additional insureds under Arch Builder's (general contractor) liability policy. See Marc-Scot…
Insurance Law Hawaii
Additional Insured Not Entitled to Defense Where No Allegations of Insured’s Wrongdoing
The additional insured contractor was not entitled to a defense where the underlying case failed to allege any negligence by insured subcontractor. See Clarendon Nat. Ins. Co. v. Am.…
Insurance Law Hawaii
Policy Restricts Additional Insured from Satisfying SIR
If the named insured does not satisfy the self-insured retention (SIR), can the additional insured undertake payment to trigger coverage? Looking at the language of the policies under consideration,…
Insurance Law Hawaii
Additional Insured Survives Summary Judgment on Duty to Defend
Does a policy's Blanket Additional Insured Endorsement bar primary coverage for an additional insured with a policy of its own? Although the court answered yes in Kummer Enter., Inc. v.…
Insurance Law Hawaii
Policy’s Failure to Define “Additional Insured” Leads to Expansive Definition
Although the excess insurer sought a narrow reading of "additional insured," the policy's failure to define the coverage allowed a broad reading of the term in Kerrigan v. RM Associates,…
Insurance Law Hawaii
Exclusion Precludes Coverage for Additional Insured
Allegations in the underlying complaint proved crucial in analyzing coverage for an additional insured under Texas' eight-corners rule. See The Burlington N. and Santa Fe R. R. Co. v. National…
Insurance Law Hawaii
Additional Insureds Covered in Suit For Helicopter Crash
Complicated facts but easily understood legal standards were presented in Breaux v. Halliburton Energy Serv., Inc., No. 04-1636, 2009 U.S. Dist. LEXIS 112374 (E.D. La. Dec. 2, 2009). Era Aviation,…
Insurance Law Hawaii
Additional Insureds Not Entitled to Notice of Policy’s Cancellation
Defendants were sued in an underlying state court action. See Riverport Ins. Co. v. Oakland Cmty. Housing, Inc., No. C 08-3883, 2009 U.S. Dist. LEXIS 104472 (N.D. Cal. Nov.…