A commentary on insurance coverage issues in Hawaii and beyond
The Eleventh Circuit reversed the district court's grant of summary judgment to the insurer in a case involving coverage for a shooting death. Kinsale Ins. Co. v. Pride of St. Lucie Lodge 1189, Inc., 2025 U.S. App, LEXIS 9346 (11th Cir. April 18, 2025)
The Lodge was operating as a…
The court denied cross-motions from the insured and the insurer after the insured's dwelling suffered a collapse of the ceiling. Simons v. Fed. Ins. Co., 2025 U.S. Dist. LEXIS 75839 (C.D. Cal. March 4, 2025).
Gary Simons bought a second home located in Park City, Utah (Utah Property) that was…
The federal district court denied the insurer's motion to dismiss even though the plaintiff was not named in the policy. Viccellio v. Foremost Pro. & Cas. Ins. Co., 2025 U.S Dist. LEXIS 61590 (M.D. La. March 31, 2025).
Plaintiff's residence sustained damage from Hurricane Ida. Plaintiff timely notified the insurer…
The court granted the insurer's motion for summary judgment when the insured failed to raise a genuine issue of material fact as to whether he insurer acted in bad faith. Dillen v. QBE Ins. Corp. 2025 U.S. Dist. LEXIS 24742 (S.D. Texas Feb. 11, 2025).
The insureds were away from…
On the heals of a decision from a federal district court that smoke damaged was a direct physical loss, the California Court of Appeal affirmed the trial court's grant of summary judgment to the insurer regarding the insureds' claim for loss due to smoke damage. Gharibian v. Wawanesa General Ins. Co., 2025…
The federal district court granted the insurer's motion for summary judgment because the insureds failed to meet their burden of establishing the claim was covered by the policy. Cutchall v. Chubb Lloyd's Ins. Co. of Tex., 2024 U.S. Dist. LEXIS 234546 (S. D. Texas Dec. 31, 2024).
In September 2021…
The insurer's motion for partial summary judgment challenging the insured's bad faith claim was successful. Baker v. Allstate Index. Co., 2024 U,.S. Dist. LEXIS 227802 (N.D. Miss. Dec. 17, 2024).
Teresa Baker alleged that the roof of her rental property sustained wind and rain damage during a storm. She further contended…
The court granted in part, denied in part, the insurer's motion to strike the expert report submitted by the insured's expert expressing opinions on coverage. Allied World Nat'l Assurance Co. v. MNS's Expert NHC, Inc., 2024 U.S. Dist. LEXIS 220680 (D. Haw. Dec. 5, 2024).
Allied World denied coverage 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.
The federal district court for the district of Hawaii granted the insurer's motion to bifurcate the trial of coverage issues from issues regarding the insurer's alleged bad faith. Allied World Nat'l Assur. Co. v. Counterclaim NHC, Inc., 2024 U.S. Dist. LEXIS 174961 (D. Haw. Sept. 26, 2024).
Insured MNS, Ltd.
