Posts filtered by tags: Damon Key[x]


Exhaustion of Primary Policy Triggers Excess Coverage

    The Ninth Circuit affirmed the district court's ruling that the excess policy was triggered by settlements exhausting the primary policy.  Westport Ins. Corp. v. California Cas. Management Company , 2019 U.S. App. LEXIS 4889 (9th Cir. Feb. 20, 2019).      Doe 1, Doe 2 and Doe 3 filed suit against the insured, Moraga School District, and three of its administrators for alleged sexual abuse by a teacher. The District was insured under primary general liability policies from 1991 through 1997. ...
Tags: Insurance, DOE, Westport, District, Ninth Circuit, Tred Eyerly, Excess Coverage, Allocation, Damon Key, Mark Murakami, Association of California School Administrators, California Casualty, Westport Ins Corp, California Cas Management Company, Moraga School District, Westport Westport

Damon Key Team Argues Bad Faith Case Before Hawaii Supreme Court

    Our Damon Key team argued a bad faith case before the Hawaii Supreme Court today,  Adams v. Hawaii Medical Service Association , SCWC-15-0000396.     Pictured below: Joanna Zigler, Rafael del Castillo, Tred Eyerly and Robert Thomas. [Author: Tred Eyerly]
Tags: Insurance, Administrative, Adams, Hawaii Supreme Court, Robert Thomas, Hawaii Medical Service Association, Tred Eyerly, Damon Key, Joanna Zigler Rafael del Castillo Tred Eyerly

Insurer Liable for Bad Faith Despite Actions of Insured Contributing to Excess Judgment

    Reversing the intermediate appellate court, the Florida Supreme Court held the insurer liable for bad faith despite imperfect actions by the insured.  Harvey v. GEICO Gen. Ins. Co. , 2018 Fla. LEXIS 1705 (Fla. Sept. 20, 2018).     Insured James Harvey was involved in an auto accident in which the other driver, 51 year old John Potts, was killed. Harvey's vehicle was registered in both his name and his business's name, and was covered under a $100,000 liability policy. Harvey reported the acc...
Tags: Florida, Supreme Court, Insurance, Harvey, Florida Supreme Court, District Court, Fla, GEICO, Dominick, Potts, Robert Thomas, James Harvey, Tred Eyerly, Bad Faith, Damon Key, Harvey The

Ten Years and Counting - Entering Eleventh Year of Blogging

    This blog reaches the ten year mark this week. We started in December 2007, 1143 posts ago. Blogging has served as a invaluable self-education on multiple coverage issues in an effort to keep abreast of the constantly changing landscape. We hope readers have found the posts to be useful and information.     Two Damon Key blogs pre-date and continue to set the standard for this blog. Robert Thomas has long maintained [here]. And Mark Murakami  started at www.oceanl...
Tags: Insurance, Administrative, Robert Thomas, Tred Eyerly, Damon Key, Mark Murakami, Anna Oshiro, Genie Kincaid

Hawaii Appeals Court Reverses Summary Judgment Determintion Of No Duty To Defend

    The Hawaii Intermediate Court of Appeals (ICA) vacated the circuit court's granting of summary judgment to the insurer after determining there was no duty to defend. National Interstate Ins. Co., Inc. v. Cornelio , 2017 Haw. Ct. App. LEXIS 128 (Haw. Ct. App. March 31, 2017).      Tiare Franco was killed when a truck driven by Savio Reinhardt went over a cliff. The truck was insured by National Interstate Insurance Company (NIIC) under a policy issued to William Cornelio. The truck was owned...
Tags: Insurance, ICA, Automobile, Reinhardt, Duty to Defend, Tred Eyerly, Kama, Hawaii Appeals Court, Hawaii Intermediate Court of Appeals ICA, National Interstate Ins Co Inc, Cornelio, Tiare Franco, Savio Reinhardt, National Interstate Insurance Company NIIC, William Cornelio, Reinette Kama Reinhardt