A commentary on insurance coverage issues in Hawaii and beyond
The Second Circuit reversed the district court’s dismissal of a negligence claim against the insured’s broker for failure to give notice to the insurer. Paro Management Co., Inc. v Willis of New Jersey, Inc., 2025 U.S. App. LEXIS 29289 (2nd Cir. Nov. 5, 2025).
Paro Management Company, Inc. sued its insurance broker, Willis of…
The trial court’s dismissal of the LLC’s claim against its broker was affirmed because the LLC failed to file its tax return and its status as an LLC was forfeited. 1201 W. Cross Street, LLC v. Gray Ins. Group, Inc., 2025 Md. App. LEXIS 858 (Md. Ct. App. Oct. 8, 2025).
1201 W. Cross…
The assigned claim against a broker was dismissed as premature because the underlying action against the insurer was not final. Mermaid Marine Holdings, LLC v. Maverick Yacht Mgmt., LLC, 2025 U.S. Dist. LEXIS 167833 (S.D. Fla. Aug. 27, 2025).
Defendant Maverick Yacht Management,, LLC (MYM) was a yacht management business. Plaintiff Mermaid Marine Holdings…
The curt denied the broker's motion to dismiss the insured's claim that the broker negligently failed to provide the requested coverage. The Paper Tigers, Inc. v. Arch Ins. Group, Inc., et al, 2025 US. Dist. LEXIS 128114 (N.D. Ill. July 7, 2025).
The Paper Tigers, Inc. (Plaintiff) specialized in reworking paper to meet…
The California Superior Court granted the agent's demurrer to dismiss the insured's claim for inadequate coverage. Westchester Playa Realty Alliance, Inc. v. City Roofing, Inc., 2025 Cal. Super. LEXIS 26902 (Cal. Super. Ct. June 4, 2015).
Westchester Playa Realty Alliance, Inc. leased property in Los Angeles. City Roofing, Inc. performed repairs…
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 insureds' suit against their agent for procuring an inadequate policy was dismissed with leave to amend. Pennington v. United States Assure Ins. Servs. of Fla, Inc., et al., 2025 U.S. Dist. LEXIS 82529 (N.D. Calif. April 30, 2025).
Plaintiffs Thomas and Kelli Pennington sued defendants US Assure Insurance Services…
The insured's claim against his broker for failure to secure adequate coverage was dismissed by the federal district court. Galapatos v. Marsh & McLennan Companies, 2025 U.S. Disl. LEXIS 32833 (D. Mass. Feb. 24, 2025).
Nicholas Galapatos purchased a boat (Galani) in 2015 to use in Greece. He retained Marsh…
The Texas Supreme Court determined that language in the following form excess policy did not obligate it to defend the insured. Ohio Cas. Ins. Co. v Patterson UTI Energy, Inc., 2025 Tex. LEXIS 1123 (Tex. Sup. Ct. Dec. 20, 2024).
Patterson provided oil-and-gas equipment and services. Patterson was insured by…
The court granted the insured's motion for remand by finding a cognizable claim was asserted against the non-diverse agent. Kamovitch v. Am. Econ. Ins. Co., 2024 U.S. LEXIS 150295 (W.D. Pa. Aug. 22, 2024).
American Economy Insurance Company issued a homeowners policy to the insured. The insured alleged that he…
