My colleague, Karin Aldama of Gallagher & Kennedy in Phoenix, and I facilitated a lunch round table discussion today at the ABA’s Insurance Coverage Litigation Committee seminar. We addressed “When Does Fraud Vitiate My Policy?”
Applying Texas law, the federal district court found there was no coverage for damage to the insured’s commercial building due to the bursting of frozen pipes. Barona v. State Farm Lloyds, 2025 U.S. Dist. LEXIS 257379 (S.D. Texas Dec. 12, 2025).
Freezing weather froze Barona’s plumbing fixtures, causing significant water damage to the commercial property
The federal district court granted the insurer’s motion for summary judgment after finding there was no coverage based upon the policy’s assault and battery exclusion. Cincinnati Specialty Underwriters Ins. Co. v. Mainline Private Security, LLC, 2025 U.S. Dist. LEXIS 259938. (E.D. Pa. Dec. 26, 2025)
Mainline Private Security, LLC provided security guard services to
Headed to Tucson next week to attend the ABA’s annual Insurance Coverage Litigation Committee seminar. Always great presentations and discussions on a variety of coverage topics. Along with my co-facilitator, Karin S. Aldama, we will lead a discussion on “Why Does Fraud Vitiate My Policy?” Looking forward to it, as always.
Here is the seminar
After the insurer denied coverage for a massive computer outage, the insured prevailed on a motion for summary judgment seeking an interpretation of the cyber policy. Southwest Airlines Co. v. Liberty Ins. Underwriters Inc., 2025 U.S. Dist. LEXIS 272540 (N.D. Texas Dec. 2, 2025).
Southwest suffered a systemwide computer failure in July 2016. The
The Hawaii Supreme Court affirmed the Circuit Court’s denial of the insurers’ motion to intervene in the class settlement proceedings finding the insurers did not have a protectable interest. Burnes, et al.v. Hawaiian Electric Co., Inc,, et al., SCAP-25-0000531 (Haw. Feb. 10, 2026).
Following the Maui fires, a class action suit and individual suits were
The federal district court granted the insurer’s motion to compel arbitration of a claim by the policy’s additional insured. New Land Interiors Corp. v. Kinsale Ins. Co., 2025 U.S. Dist. LEXIS 257473 (S.D. N. Y. Dec. 12, 2025).
New Land Interiors Corporation was sued for negligence in state court. New Land was an additional
The magistrate judge denied the insured’s motion to exclude the insurer’s bad faith expert. Southwest Airlines Co. v. Liberty Ins. Underwriters Inc., 2025 U.S. Dist. LEXIS 235109 (N.D. Texas Dec. 2, 2025).
Southwest suffered a computer system failure that disrupted its flight schedule for three days in July 2016 and caused flight cancelations or
Applyng California law, the Ninth Circuit affirmed the district court’s finding that water damage caused by a leaking pipe over time was not covered under the insured’s homeowners’ policy. Mojica v. State Farm General Ins. Co., 2025 U.S. App. LEXIS 32405 (9th Cir. Dec. 11, 2025).
A small hole, slightly larger than a pen
Applying Texas law, the Second Circuit affirmed the district court’s judgment that the insurers had no duty to defend or indemnify the manufacturer of ghost guns and gun parts. Granite State Ins. Co. v. Primary Arms, LLC, 2025 U.S. App. LEXIS 32275 (2nd Circ. Dec. 10, 2025).
The insured, Primary Arms, sold and shipped