Insurance Law Hawaii

Recent Posts from Insurance Law Hawaii

• Motion for Remand Denied in Hurricane Ike Case

  Fourteen months after Hurricane Ike hit the Gulf coastline of Texas, the initial onslaught of litigation is starting to surface in reported decisions. Our first post of undoubtedly many Hurricane Ike cases to come addresses…

• Policy Covers Insured In Third Party Claim by Longshoreman

  Note today's post [here] by my Damon Key colleague, Mark Murakami, regarding coverage for a claim related to the Longshore Harbor and Workers Compensation Act. See Bayou Steel Corp. v. Evanston Ins. Co., No. 08-31206…

• Statute of Limitations for Katrina Claim not Tolled by Insurer's Negotiations

  In Landry Architecture, LLC v. Valley Forge Ins. Co., No. 09-3974, 2009 U.S. Dist. LEXIS 99109 (E.D. La. Oct. 23, 2009), the insured's claims for business income losses resulting from Hurricane Katrina and breach of…

• Default Judgment Against Insured Does Not Bar Injured Party from Pursing Coverage Case

  A default judgment against the insured should not deprive the injured party from pursuing the coverage litigation according to the Ninth Circuit's decision in Westchester Fire Ins. Co. v. Northwest Airlines, Inc., No. 07-17383, 2009…

• Assignee of Policy Must Comply with Request for Examination Under Oath

  Whether an assignee is required to respond to the insurer's invocation of an Examination Under Oath ("EUO") clause was at issue in Shaw v. State Farm Fire and Casualty Co., 2009 Fla. App. LEXIS 15930…

• Delaware Court Delves into Anti-Assignment and Allocation Issues

  The Delaware Court of Chancery recently issued a detailed, scholarly opinion addressing anti-assignment provisions and the proper allocation for asbestos-related claims. See Viking Pump, Inc. v. Century Indemn. Co., 2009 Del. Ch. LEXIS 180 (Del.…

• Reconsideration of Decision Upholding Transfer of Policies Upheld Despite Anti-Assignment Provisions

  We previously reviewed Pilkington N.A. Inc. v. Travelers Cas. & Sur. Co., 2009 U.S. Dist. LEXIS 67291 (N.D. Ohio July 27, 2009) [here], where the court determined there was coverage for a successor corporation under…

• Blog Challenge for Law Students

  Lexis Nexis Insurance Law Center is sponsoring a blog challenge for law students who wish to submit a post about the insurance topic of their choice. Prizes include an Amazon Kindle, a complimentary subscription to…

• Settlement for Hurricane Destruction Not Upset by Insurer's Additional Payment

  Can an insured who settles with the insurer pursuant to a mediation program later reject the settlement and seek additional coverage? The Fifth Circuit denied such relief to the insured in Wiley v. State Farm…

• Dismissal of Excess Carriers Reversed

  The insured Condominium Association had primary and excess coverage. See El-Ad Residences at Miramar Condo. Assoc. v. Mt. Hawley Ins. Co., 2009 U.S. Dist. LEXIS 92216 (S.D. Fla. Sept. 24, 2009). Significant property damage was…