A commentary on insurance coverage issues in Hawaii and beyond
The federal district court construed two competing “other insurance” provisions in the policies of two insureds sued in state court. Old Guard Ins. Co. v. Safeco Ins. Co. of Am., 2026 U.S. Dist. LEXIS 169092 (E.D. Pa. July 29, 2026).
Andrew Lasky hired Elite Level Realty, LLC to manage his apartment complex through a…
The federal district court held that the insurer was obligated to defend the additional insured, rejecting the insurer’s argument that the additional insured was an indemnitee under the policy’s supplementary payments provision, negating the insurer’s having to pay defense costs. Charter Oak Fire Ins. Co. v. Liberty Mut. Fire Ins. Co., 2026 U.S. Dist.
The District Court denied the insurer’s motion to dismiss the additional insured’s claim that the appointment of independent counsel was required. S. Cal. Edison Co. v. Travelers Prop. Cas. Co of Am., 2025 U.S. DIst. LEXIS 148495 (C.D Calif. July 15, 2025).
Southern California Edison Company (SCE) entered a Master Services Agreement with its…
In a dispute among insurers for various defendants in the underlying case regarding the providing of a defense, the Second Circuit vacated, in part, the district court’s judgment and remanded the case. New Your Marine and Gen. Ins. Co. v. Fed. Ins. Co., 2026 U.S. App. LEXIS 18087 (2nd Cir. June 23, 2026).
Mary…
In a dispute between two insurers, the Second Circuit affirmed the district court’s determination that the landlord was not an additional insured under the tenant’s policy. Peleus Ins. Co. v. Am. European Ins. Co., 2026 U.S. App. LEXIS 17981 June 22, 2026).
Blossom Miller sued 57th Avenue and 21st Century in state court…
The court granted summary judgment to the insurer, finding it had no duty to indemnify the additional insured nor to continue its defense of the additional insured. W. Bend Mut. Ins. Co. v. Budrovich Indoor Training I, LLC, 2026 U.S. Dist. LEXIS 133776 (E.D. Mo. June 16, 2026).
Budrovich Indoor Training leased to tenants…
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 appellate court affirmed a party’s right to pursue both coverage as an additional insured while also seeking to enforce a contractual indemnity claim. Daniello v. J.T. Magen & Co., Inc., 2026 N.Y. App. Div. LEXIS 1994 (N.Y. App. Div. March 31, 2026).
The lower court granted defendant/third party defendant L&K Partners, Inc.’s motion…
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 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…
