A commentary on insurance coverage issues in Hawaii and beyond
The Second Circuit affirmed the district court’s judgment denying the insured’s claim because it was untimely under the policy’s suit limitation provision. Amaro Food Enterprises Inc. v. Liberty Mut. Ins., 2026 U.S. App. LEXIS 14035 (2nd Cir. May 15, 2026).
Amaro submitted a claim to Liberty Mutual for loss of spoiled food in it…
The federal district court granted the insurer’s motion for summary judgment, finding no bad faith despite the appraisal award exceeding the amount the insurer initially paid. Jazi Kat 4659 Rockridge LLC, et al. v. Travelers Cas. Ins. Co. of Am., et al., 2026 U.S. Dist. LEXIS 105634 (D. Ariz. May 13, 2026).
Plaintiffs sued…
The Texas Supreme Court granted mandamus, agreeing that the trial court abused its discretion in denying the insurers’ motion to compel appraisal because of existing coverage issues. In re ACE American Ins. Co., 2026 Tex. LEXIS 411 (Tex. May 8, 2026).
The insured owned, leased and managed commercial properties nationwide. Several insurers collectively insured…
The insurer’s motion for judgment on the pleadings was granted after the insured failed to file suit against the insurer within the policy’s two-year suit limitation provision. Interstate Investments, LLC v. Mt. Hawley Ins Co., 2026 U.S. Dist. LEXIS 98108 (S.D. N. Y. May 4, 2026).
On or before June 27, 2023, a wind, hail…
The Colorado Supreme Court encountered issues regarding the insured’s duty to cooperate and the exhaustion requirements in auto policies. USAA v. Wenzell, 2026 Colo. LEXIS 283 (Colo. April 27, 2026).
In 2017, Anthony Wenzell was rear-ended while driving. He had also been involved in a more serious crash in 2014 and required back surgery.
The Tenth Circuit Court of Appeals affirmed the district court’s finding that Cincinnati Insurance Company must share defense costs for the additional insured with Liberty Mutual Insurance Company. Wolpert v. Cincinnati Ins. Co., 2026 U. S. App. LEXIS 11581 (10th Cir. April 23, 2026)
Simon Contractors was the general contractor for a highway construction…
The federal district court denied the insurer’s motion for summary judgment on the insured’s claim for damage caused by a water leak, but granted the insurer’s motion on the bad faith claim. Hampartsoumian v. State Farm General Ins. Co., 2026 U.S. Dist. LEXIS 86735 (C.D. Calif. Apri 17, 2026).
The insured returned to her…
The insurer’s motion for summary judgment seeking to eliminate the insured’s claims for damage from a water leak, bad faith and punitive damages failed. Nargizyan v, State Farm General Ins. Co., 2026 Cal App. LEXIS 302 (Cal. Ct. App. April 15, 2026).
The insured noticed tiles on his kitchen floor were warmer than usual.
The insurer’s motion for partial summary judgment to dispose of the insured’s bad faith claim was unsuccessful. Page v. State Farm Lloyds, 2026 U.S. Dist. LEXIS 102293 (E.D. Texas March 18, 2026).
Plaintiff insured alleged that hail and a windstorm caused damage to his property. The damage was reported to the defendant insurer. A…
The court denied cross motions for summary judgment after analyzing the application of a total pollution exclusion. Nat’l Am. Ins. Co. v. Certain Underwriters at Lloyd’s London, 2026 U.S. Dist. LEXIS 98232 (W.D. Texas March 16, 2026).
Skye Blue Services, LLC and Blackbeard entered into a Master Service Agreement (MSA) governing Skye’s provision of…
