A commentary on insurance coverage issues in Hawaii and beyond
The federal district court granted the insurer’s motion to dismiss several claims raised by the insured after a loss caused by wind and hail damage. Greco Investment Group, LLC v. Civil Nationwide Ins. Co., 2026 U.S. Dist. LEXIS 206290 (S.D. Miss. Sept. 13, 2026).
The roof and interior of Greco’s property was damaged by…
The insured’s motion to dismiss the insurer’s counterclaim because it was redundant was dismissed as premature. Pulte Homes of New Mexico, Inc., 2026 U.S. Dist.. LEXIS 205627 (D. N. M. Sept. 11, 2026).
Pulte filed suit against several insurance companies seeking a declaration that it was an additional insured under each insurers’ policy and…
The court granted the insurer’s motion for summary judgment after the insured presented Replacement Cost Value (RCV) but never provided the Actual Cash Value (ACV) of repairs after the loss. Guidry v. State Farm Fire and Cas. Co., 2026 U.S. Diet. LEXIS 203325 (M. D. La. Sept. 8, 2026).
The insured suffered property damage as…
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…
