A commentary on insurance coverage issues in Hawaii and beyond
The Washington Court of Appeals found the insurer was exposed to extracontractual damages after paying Under Insured Motorist (UIM) benefits. Labeaume v. First Nat’l Ins. Co. of Am., 2026 Wash. App. LEXIS 1336 (Wash. Ct. App. June 16, 2026).
Jane Labeaume was injured in a car crash with another vehicle. The driver of the…
The employee of the insured company could not pursue breach of contract and bad faith claims against his employer’s insurer after being injured by an uninsured motorist. Travelers Prop. Cas. Co. of Am. v. Kelly, 2026 U.S. Dist. LEXIS 134948 (D. S.C. June 15, 2026).
Kelly was an employee of Kale’s Truck and Heavy…
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 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 lower court's denial of cross-motions for summary judgment concerning the broker's liability for allegedly procuring inadequate coverage was affirmed. Marcellus Energy Servs. LLC v. Tompkins Ins. Agencies, Inc, 2025 N.Y. App. Div. LEXIS 3032 (N.Y. App. Div. May 15, 2025).
Plaintiff Marcellus Energy Services LLC supplied truck drivers to…
The court reversed dismissal of all claims against the insurers for a work-related death after determining that policy exclusions conflicted with statutory mandates on coverage. Waiau, et al. v. Hawaii Employers' Mut. Ins. Co, Inc., et al., 2024 Haw. App, LEXIS 583 (Haw. Ct. App., Dec. 31, 2014).
Amos K.
Portions of a class action filed against United Services Auto Association and three of its subsidiaries for charging excess premiums during the COVID-19 pandemic survived the insurers' motion to dismiss. 2024 U.S. Dist. LEXIS 202472 (C.D. Cal. Nov. 5, 2024).
Plaintiffs alleged that a decrease in driving and automobile accidents during…
The Second Circuit vacated the district court's granting of a motion to dismiss the insurer's complaint against the company that provided valuation services for vehicles involved in accidents. Ameriprise Captive Ins. Co. v. Audatex N. Am., Inc., 2024 U.S. App. LEXIS 12400 (May 23, 2024).
After using Audatex's valuation services…
The California Court of Appeal held that because the insurer failed to send a cancellation notice to the adult child named in the auto policy as an insured, the policy remained in effect when the child was involved in an accident. Molinar v. 21st Century Ins. Co., 2024 Cal. App LEXIS 124…
The Ninth Circuit affirmed the district court's ruling against the insured and imposed sanctions on the insured's lawyer for pursuing a coverage argument the court had previously rejected. Uyanik v. Wawanesa General Insurance Co., 2023 U.S. App. LEXIS 31642 (9th Cir. Nov. 30, 2023).
The Ninth Circuit affirmed dismissal of…
