A commentary on insurance coverage issues in Hawaii and beyond
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…
The court denied the insurer’s motion to dismiss the insured’s complaint seeking coverage for a cyber loss. Balgo Technologies, LLC v. Hiscox Ins. Co, Inc., 2025 U.S. Dist. LEXIS 251531 (M.D. Fla. Dec. 5, 2025).
Balgo was a financial technology company with an online platform enabling customers to utilize artificial intelligence tools to manage…
The federal district court granted the insurer’s motion for summary judgment finding there was no coverage for an employee’s injury due to the policy’s Workers’ Compensation exclusion. Houston Spec. Ins. Co. v. Villanueva, 2025 U.S. Dist. LEXIS 255989 (E.D. Wash. Dec. 10, 2025).
Heavy Metal Carports Inc. (HMC) secured a policy from Houston Specialty…
Applying Missouri law, the Eighth Circuit affirmed the jury verdict awarding damages for the presence of soot after a fire. Maxus Metropolitan, LLC v. Travelers Property Cas. Co. of Am., 2025 U.S. App. LEXIS 29921 (8th Cir. Nov, 17, 2025).
A fire destroyed Phase 6 of a multi-building apartment complex known as the Metropolitan.
The federal district court in North Carolina dismissed the insured’s complaint for losses caused by the COVID-19 pandemic but granted leave to amend the complaint. The Durham Wood Fired Pizza Company LLC, et al. v. The Cincinnati Ins. Co., 2025 U.S. Dist. LEXIS 250083 (M.D. N.C. Dec. 4, 2025).
Plaintiffs were four restaurants who…
The appellate court affirmed the trial court’s grant of summary judgment to the contractor’s insurer finding that the sumcontractor’s insurer had a duty to defend the contractor. Navigators Specialty Ins. Co. v. TBR Construction, LLC, et al., 2025 Ill. App. Unpub. LEXIS 2177 (Ill. Ct. App. Dec. 3, 2025).
Greenscape Homes, LLC was the…
