A commentary on insurance coverage issues in Hawaii and beyond
The court denied the insurer’s motion to dismiss the insured’s claim for breach of the covenant of good faith and fair dealing, but granted the motion to dismiss the claim for declaratory judgment. Jimenez v. State Farm Fire & Cas. Co., 2026 U.S. Dist. LEXIS 182079 (D. Conn. Aug. 15, 2026).
The insured owned…
The court denied the insurer’s motion to dismiss the insured’s fire damage claims under a forced-place policy because the insured was a third-party beneficiary of the policy. Fredericks v. Assurant Specialty, et al., 2026 U.S. Dist. LEXIS 179779 (E.D. Pa. Aug. 12, 2026).
The insureds’ home burned down on the same day their homeowner’s…
The Tenth Circuit held that abuse of several victims amounted to one abuse and one retained limit applied before the insurers’ obligations arose. Church of Jesus Christ of Latter-Day Saints v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA., 2026 U.S. App. LEXIS 22404 (10th Cir. July 28, 2026).
Thirteen-year-old Michael Jenson groped two…
The Sixth Circuit found that the insured’s loss of property due to fire was covered despite noncompliance with an endorsement requiring encompassing the property. 3371 Reading, LLC v. Liberty Mut Group, Inc., et al., 2026 U.S. App. LEXIS 19156 (6th Cir. June 29, 2026).
The insured, 3371 Reading, owned a building undergoing renovation. After…
The Appellate Division, Supreme Court of New York, affirmed the lower court’s grant of summary judgment determining that the insurer could not challenge the judgment in the underlying case after refusing to defend the insured. Shattuck v Dryden Mut. Ins. Co., 2026 N.Y. App. Div. LEXIS 3789 (N.Y. App. Div. June 5, 2026).
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 federal district court granted the insurer’s motion for judgment on the pleadings after determining that the insured’s claims for bad faith and unfair claims settlement practices were insufficiently pled. Navia v. State Farm Fire & Cas. Co., 2026 U.S. Dist. LEXIS 111261 (W.D. N. C. May 20, 2026).
The insured submitted a claim…
The federal district court granted the insurer’s motion for summary judgment, finding no bad faith despite the appraisal award exceeding the amount the insurer initially paid. Jazi Kat 4659 Rockridge LLC, et al. v. Travelers Cas. Ins. Co. of Am., et al., 2026 U.S. Dist. LEXIS 105634 (D. Ariz. May 13, 2026).
Plaintiffs sued…
The Texas Supreme Court granted mandamus, agreeing that the trial court abused its discretion in denying the insurers’ motion to compel appraisal because of existing coverage issues. In re ACE American Ins. Co., 2026 Tex. LEXIS 411 (Tex. May 8, 2026).
The insured owned, leased and managed commercial properties nationwide. Several insurers collectively insured…
The federal district court denied the insurer’s motion for summary judgment on the insured’s claim for damage caused by a water leak, but granted the insurer’s motion on the bad faith claim. Hampartsoumian v. State Farm General Ins. Co., 2026 U.S. Dist. LEXIS 86735 (C.D. Calif. Apri 17, 2026).
The insured returned to her…
