A commentary on insurance coverage issues in Hawaii and beyond
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…
Addressing a procedurally obscure case, the Hawai`i Supreme Court set aside a three million dollar verdict entered against the insured driver who was sued for wrongful death. Franco v. Reinhardt, 2023 Haw. LEXIS 208 (Haw. Nov. 30, 2023).
Reinhardt was involved in an accident, crashing his girlfriend's pickup. A passenger…
The federal district court granted the insurer's motion for summary judgment deciding that lower policy limits for nonowners of a vehicle did not violate public policy. Talana v. Liberty Surplus Ins. Co., 2023 U.S. Dist. LEXIS 50222 (D. Haw. March 24, 2023).
Judy Talana collided with a car while operating…
The Hawaii Intermediate Court of Appeals found that after defense counsel withdrew from the case after the trial court found no coverage. defense counsel could not reenter the case without the insured's consent. Franco v. Reinhardt, 2023 Haw. App. LEXIS 63 (Feb. 28, 2023).
Fabio Reinhardt was driving a truck owned…
The federal district court considered a challenge to GEICO's premium rates as unconscionably excessive in light of a reduction in the insurance risk pool due to the COVID-19 pandemic. Thomas v. GEICO Cas. Co., 2023 U.S. Dist. LEXIS 19332 (N. D. Ill. Feb. 6, 2023).
During the COVID-19 pandemic, there…
