The Hawaii Supreme Court has granted certiorari in Tiki’s Grill & Bar, LLC v. DTRIC Ins. Co., Ltd., 157 Haw. 473 (Haw. Ct. App. 2025), a case involving coverage for a restaurant being forced to close during the COVID-19 pandemic. The trial court granted summary judgment to the insurer but the ICA vacated and remanded
Pursuing Claims for Loss Caused by Recent Kona Low Storms for Homeowners and Businesses
By Tred R. Eyerly on
The recent Kona Low storms that hit all islands were devastating, causing significant property damage. Homeowners and businesses will be seeking coverage under their insurance policies to recover for their losses. Here is a brief look at what may be covered and which exclusions may be troublesome in homeowners’ and commercial property policies.
Typically, both…
Insured Does Not Prevail on Summary Judgment Motion Invoking Ensuing Loss Provision
By Tred R. Eyerly on
The court denied the insured’s motion for summary judgment finding genuine issues of fact regarding implication of the policy’s ensuing loss provision. Stella Prop. Dev.. & Event Productions, LLC v. Auto-Owners Ins. Co., 2026 U.S. Dist. LEXIS 15854 (W.D. Pa. Jan. 28, 2026).
Stella owned a cultural center that was insured under a commercial…
Blog Listed in Feedspot’s Top 100 Insurance Blogs
By Tred R. Eyerly on
Honored to be included in Feedspot’s top 100 Insurance Blogs
Anti-Concurrent Causation Clause Prevents Coverage for Collapse
By Tred R. Eyerly on
The appellate court affirmed the decision of the trial court granting summary judgment to the insurer after agreeing that the policy’s anti-concurrent causation clause barred coverage. Lido Hospitality, Inc. v. AIX Specialty Ins. Co., 2026 Iii. App. Unpub. LEXIS 133 (Ill. Ct. App. Jan. 27, 2026).
One of the brick veneer walls of the…
Mortgagor Has No Claim Against Insurer Under Forced-Placed Policy
By Tred R. Eyerly on
The court granted the insurer’s and the mortgagee’s motions to dismiss the homeowner’s claims for breach of contract, bad faith and breach of fiduciary duty. Morris v. Standard Guar. Ins. Co., et al., 2026 U.S. Dist. LEXIS 12354 (N.D. Okla. Jan. 23, 2026).
PHH Mortgage Corporation was Plaintiff Sidney Morris’ mortgagee. The mortgage required…
Blog Listed in Feedspot’s Top 100 Insurance Blogs
By Tred R. Eyerly on
Honored to be included in Feedspot’s Top 100 Insurance Blogs.
Substantial Evidence of Flood Loss is Not a Substitute for Required Proof of Loss
By Tred R. Eyerly on
The court found that the insurer properly denied the insured’s claim for loss due to flood because a proof of loss was never submitted. Bay Haven at Coco Bay Condominium Association, Inc. v. Hartford Ins. Co. of the Midwest, 2026 U.S. Dist. LEXIS 6847 (M.D. Fla. Jan. 14, 2026).
Bay Haven managed several condo buildings.
Insured’s Claim Against Insurer for Misrepresentation in Providing Policy Fails
By Tred R. Eyerly on
The insured’s claim that the insurer breached its duty to advise on coverage offered by the policy failed. Piatt Lake Bible Conference Ass’n v. Church Mutual Ins. Co., 2026 U.S. App. LEXIS 1095 (6th Cir. Jan. 13, 2026).
Piatt Lake Bible Conference Association held a blanket insurance policy with Church Mutual insuring several buildings…
Insurer’s Federal Suit Dismissed in Favor of Insured’s State Suit
By Tred R. Eyerly on
The federal district court granted the insured’s motion to dismiss the insurer’s federal suit for declaratory judgment because the insured filed a more complete action in state court. Church Mut. Ins. Co. v. Elmwood Baptist Church, 2025 U.S. Dist. LEXIS 259762 (S.D. W.V. Dec. 16, 2025).
Elmwood purchased a property policy from Church Mutual…