Hawaii High Court Guides 9th Circ. On State's Insurance Law

Law360, Chicago (February 14, 2014, 7:31 PM EST) -- The Hawaii Supreme Court on Thursday answered some unsettled questions in the state’s insurance law in response to a request from the Ninth Circuit, allowing an appeal in a coverage dispute between Nautilus Insurance Co. and Lexington Insurance Co. to move forward.

The Hawaii high court found, most notably, that a primary insurer can’t look to another insurance policy when disclaiming its duty to defend if the underlying suit is covered, and also resolved several open questions regarding “other insurance” provisions.

The opinion will inform the...
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