A commentary on insurance coverage issues in Hawaii and beyond
The insured’s lawsuit was dismissed because it was filed long after the time frame provided by the policy’s suit limitation provision. The Eichholz Law Firm P.C. v. State Farm Mut. Auto. Ins. Co., No. 1:24-cv-03403-TRJ (N.D. Ga., March 12, 2026).
The insured law firm’s automobile was damaged in an accident on August 21, 2020.
The Firth Circuit affirmed the district court’s grant of summary judgment to the insurer due to the insureds’ failure to establish the date of loss after a hailstorm. Cutchall v. Chubb Lloyds Ins. Co. of Texas, 2026 WL 625633 (5th Cir. March 5, 2026).
In September 2021, the Cutchalls made a claim on their…
The federal district court granted summary judgment requiring the insurer to defend the insured hotel in a suit involving sex trafficking of a minor. Am. Fam. Mut. Ins. Co. v. Windham Motels & Resorts, Inc., 2026 U.S. Dist. LEXIS 66641 (S.D. Ind. Feb. 25, 2026).
G.M., a minor, sued the hotel alleging that she…
The insurer successfully moved for summary judgment, eliminating the insured’s claim for roof damage due to windstorm. Mulas v. Westchester Surplus Lines Ins. Co., 2026 U.S. Dist. LEXIS 20537 (Jan. 30, 2026).
The insureds’ commercial property sustained windstorm damage during Hurricane Ian. Westchester denied the claim. The insureds believed Westchester wrongfully denied coverage for…
The Ninth Circuit reversed the district court’s grant of summary judgment to an insurer who failed to contribute the defense of a co-insured. Liberty Northwest Ins, Corp. v. Atlantic Spec. Ins, Co., No, 24-7353_ (9th Cir. Feb. 20, 2026).
TriQuint Semiconductor was insured by Liberty and Atlantic. TriQuint employee Pedro Domion, his wife, and…
The Federal District Court granted the insurer’s motion to dismiss the insured’s complaint seeking a defense of the underlying case alleging fraud. Renovation Realty, Inc. v. Colony Ins. Co., 2026 U.S. Dist. LEXIS 21409 (S.D. Cal. Jan. 30, 2026).
Mara Fortin sued Renovation Realty and others (“Fortin litigation”) from the fraudulent sale of…
The federal district court found that the insurer paying the full settlement amount of the underlying case was entitled to equitable contribution from another insurer. Allstate Indem. Co. v. Fed. Ins. Co., 2026 U.S. Dist. LEXIS 33700 (S.D. Texas, Feb. 19, 2026).
The case involved a dispute arising out of the settlement of a…
The Hawaii Supreme Court has granted certiorari in Tiki’s Grill & Bar, LLC v. DTRIC Ins. Co., Ltd., 157 Haw. 473 (Haw. Ct. App. 2025), a case involving coverage for a restaurant being forced to close during the COVID-19 pandemic. The trial court granted summary judgment to the insurer but the ICA vacated and remanded…
The recent Kona Low storms that hit all islands were devastating, causing significant property damage. Homeowners and businesses will be seeking coverage under their insurance policies to recover for their losses. Here is a brief look at what may be covered and which exclusions may be troublesome in homeowners’ and commercial property policies.
Typically, both…
The court denied the insured’s motion for summary judgment finding genuine issues of fact regarding implication of the policy’s ensuing loss provision. Stella Prop. Dev.. & Event Productions, LLC v. Auto-Owners Ins. Co., 2026 U.S. Dist. LEXIS 15854 (W.D. Pa. Jan. 28, 2026).
Stella owned a cultural center that was insured under a commercial…
