Tapas: Small Dishes of Insurance Coverage News & Notes
The Supreme Court of Hawaii held that “an excess liability insurer can bring a cause of action, under the doctrine of equitable subrogation, against a primary liability insurer who in bad faith fails to settle a claim within the limits of the primary liability policy, when the primary insurer has paid its policy limit toward settlement.” St. Paul Fire & Marine Ins. Co. v. Liberty Mutual Insurance Co., No. SCCQ–14–0000727 (Haw. June 29, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance].
[At issue: Pleasant Travel was sued for damages resulting from an accidental death. The primary insurer, Liberty Mutual, appointed counsel to represent Pleasant Travel. The excess insurer, St. Paul, alleged that Liberty Mutual rejected multiple pretrial settlement offers within the $1 million limit. Trial resulted in a verdict of $4.1 million. After the verdict, the action was settled for a confidential amount in excess of the Liberty Mutual policy limit. St. Paul claims that it paid the amount in excess.]
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Randy Maniloff is Counsel at White and Williams, LLP in Philadelphia. He previously served as a firm Partner for seven years and transitioned to a Counsel position to pursue certain writing projects including Coverage Opinions . Nonetheless he still maintains a full-time practice at the firm. Randy concentrates his practice in the representation of insurers in coverage disputes over primary and excess obligations under a host of policies, including commercial general liability and various professional liability policies, such as public official’s, law enforcement, educator’s, media, computer technology, architects and engineers, lawyers, real estate agents, community associations, environmental contractors, Indian tribes and several others. Randy has significant experience in coverage for environmental damage and toxic torts, liquor liability and construction defect, including additional insured and contractual indemnity issues. Randy is co-author of “General Liability Insurance Coverage - Key Issues In Every State” (Oxford University Press, 2nd Edition, 2012). For the past twelve years Randy has published a year-end article that addresses the ten most significant insurance coverage decisions of the year completed.
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