Insurance Law Hawaii

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A commentary on insurance coverage issues in Hawaii.

Author: Robert D. Harris and Tred R. Eyerly are associates at Damon Key Leong Kupchak Hastert in Honolulu.

Blawg Related Categories: Insurance Law • States • Hawaii • Associate

Recent Posts from Insurance Law Hawaii

Dollar Limitation for Mold Coverage Upheld
A property policy's limitation on mold coverage was challenged in MMI Reality Serv., Inc. v. Westchester Surplus Lines Ins. Co.,Civ . No. 07-00466, 2008 U.S. Dist. LEXIS 93653 (D. Haw. Nov. 17, 2008). Kahala Mall…
Hawai`i Court Finds Duty to Defend Allegations of Defamation, Assault and Battery
In Allstate Ins. Co. v. Gadiel, Civ. No. 07-00565, 2008 U.S. Dist. LEXIS 90923 (D. Haw. Nov. 7, 2008), the court considered whether Allstate must defend a landlord in an action filed by his tenant.…
Hawai`i Supreme Court Holds Record Review is Not Independent Medical Exam
The Hawai`i Supreme Court recently affirmed the Intermediate Court of Appeal, deciding that a medical record review was not independent medical examination. See Gillian v. Government Employees Ins. Co., 2008 Haw. LEXIS 254 (Haw. Oct.…
Percentage Fees Awarded Under Workers' Compensation Statute Unfair
If attorney fees based on a percentage of damages are unreasonably low, should the court depart from the statutory percentage and award reasonable fees? The court did so in Murray v. Mariner Health and Ace…
Business Interruption Deductible Presents Issue of First Impression
If a policy's deductible does not apply to "ensuing loss or damage," is indirect business interruption an ensuing loss? The court in RTG Furniture Corp. v. Industrial Risk Insurers, 2008 U.S. Dist. LEXIS 85237 (S.…
Insured's Waiver of Insurer's Credit for Workers' Compensation Does Not Negate Coverage
Does the insured breach the policy by waiving the insurer's right to a credit for workers' compensation? In Travelers Prop. Cas. Co. of Am. v. ConocoPhillips Co., No. 06-15664 (9th Cir. Oct. 20, 2008), the…
Indiana Court Agrees with Hawaii In Finding No Assignment of Policy
The Indiana Supreme Court recently aligned itself with the Hawaii Supreme Court in deciding an insurance policy could not be assigned without the insurer's consent. Travelers Cas. and Sur. Co. v. United States Filter Corp.,…
Mere Reference of Insurer in Policy Does Not Bind Insurer
In Southern Surgery Center, LLC v. Fidelity and Guaranty Ins. Co., 2008 U.S. Dist. LEXIS 79971 (S. D. Miss., Oct. 8, 2008), United States Fidelity and Guaranty Company ("USF&G") insured a building owned by Southern…
Court Ponders Whether the Insurer Bad Faith Committed If No Excess Judgment against Insured
Does the insurer act in bad faith when there is no excess judgment against the insured? Further, is there bad faith when the insurer's actions never resulted in the insured's increased exposure to liability for…
Third Circuit Applies Doctrine of Uberrimae Fidei to Void Marine Policy
In today's post, we return to the federal maritime doctrine of uberrimae fidei, previously reviewed here. Should the doctrine, which requires an insured to exercise the utmost good faith and disclose to the insurer all…