A commentary on insurance coverage issues in Hawaii and beyond
The federal district court sorted out which of three insurers were obligated to defend the insured after a bodily injury. Travelers Prop. Cas. Co. of Am. v. Arch Ins. Co., 2026 U.S. Dist. LEXIS 197942 (S. D. N. Y. Sept. 1, 2028).
LP Ciminelli, Inc. (LPC) was the contractor for a construction project. LPC…
In a coverage dispute between two insurers, the federal district court found the professional services exclusion under one of the insurer’s policies did not apply. The Phoenix Ins. Co. v. Scottsdale Ins. Co., 2026 U.S. Dist. LEXIS 192870 (E.D. N. Y. Aug. 25, 2026).
GGP Staten Island Mall, LLC contracted with Aurora Contractors…
The insured’s suit against the broker alleging insufficient coverage was dismissed as untimely. Elite Rental Properties, LLC, et al. v. Nautilus Ins. Co., et al., 2026 La. App. LEXIS 1704 (Aug. 26, 2026).
Elite retained Southern General Agency (SGA) and The Lincoln Agency, LLC to procure insurance coverage for multiple properties. SGA/Lincoln obtained a…
The court granted the insurer’s motion for partial summary judgment confirming that the insurer had no duty to defend or indemnify the insured. Arch Spec. Ins. Co. v. Herbal Garden Wellness, 2026 U.S. Dist. LEXIS 195542 (D. Colo. July 15, 2026).
Herbal Garden was an additional insured under a CGL policy issued by Arch…
The court denied the insurer’s motion to dismiss the insured’s claim for breach of the covenant of good faith and fair dealing, but granted the motion to dismiss the claim for declaratory judgment. Jimenez v. State Farm Fire & Cas. Co., 2026 U.S. Dist. LEXIS 182079 (D. Conn. Aug. 15, 2026).
The insured owned…
The court denied the insurer’s motion to dismiss the insured’s fire damage claims under a forced-place policy because the insured was a third-party beneficiary of the policy. Fredericks v. Assurant Specialty, et al., 2026 U.S. Dist. LEXIS 179779 (E.D. Pa. Aug. 12, 2026).
The insureds’ home burned down on the same day their homeowner’s…
The federal district court found that the additional insureds had to meet the policy’s self-insured retention before a duty to defend was triggered. Amerisure Ins. Co. v. Premier Design & Build Group, LLC, 2026 U.S. Dist. LEXXIS 170741 (N.D. Ill. July 31, 2026).
Amerisure issued CGL and umbrella policies to Premier Design & Build…
The federal district court construed two competing “other insurance” provisions in the policies of two insureds sued in state court. Old Guard Ins. Co. v. Safeco Ins. Co. of Am., 2026 U.S. Dist. LEXIS 169092 (E.D. Pa. July 29, 2026).
Andrew Lasky hired Elite Level Realty, LLC to manage his apartment complex through a…
The Tenth Circuit held that abuse of several victims amounted to one abuse and one retained limit applied before the insurers’ obligations arose. Church of Jesus Christ of Latter-Day Saints v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA., 2026 U.S. App. LEXIS 22404 (10th Cir. July 28, 2026).
Thirteen-year-old Michael Jenson groped two…
The California Supreme Court concluded that the insureds could state a cause of action for declaratory relief regarding coverage under an excess policy even though all of the underlying policies had not yet been exhausted. Fox Paine & Co., LLC v. Twin City Fire Ins. Co., 2026 Cal. LEXIS 3942 (Cal. July 27, 2026).…
