A commentary on insurance coverage issues in Hawaii and beyond
The Eleventh Circuit found it lacked jurisdiction to consider the insurer’s appeal of a motion to dismiss its declaratory relief action seeking a ruling it had no duty to defend. Northfield Ins. Co. v. North Brook Industries, Inc., 2026 U.S. App. LEXIS 14776 (11th Cir. May 22, 2026).
North Brook Industries, Inc. owned and operated…
The Tenth Circuit Court of Appeals affirmed the district court’s finding that Cincinnati Insurance Company must share defense costs for the additional insured with Liberty Mutual Insurance Company. Wolpert v. Cincinnati Ins. Co., 2026 U. S. App. LEXIS 11581 (10th Cir. April 23, 2026)
Simon Contractors was the general contractor for a highway construction…
The federal district court granted summary judgment requiring the insurer to defend the insured hotel in a suit involving sex trafficking of a minor. Am. Fam. Mut. Ins. Co. v. Windham Motels & Resorts, Inc., 2026 U.S. Dist. LEXIS 66641 (S.D. Ind. Feb. 25, 2026).
G.M., a minor, sued the hotel alleging that she…
The Federal District Court granted the insurer’s motion to dismiss the insured’s complaint seeking a defense of the underlying case alleging fraud. Renovation Realty, Inc. v. Colony Ins. Co., 2026 U.S. Dist. LEXIS 21409 (S.D. Cal. Jan. 30, 2026).
Mara Fortin sued Renovation Realty and others (“Fortin litigation”) from the fraudulent sale of…
The federal district court granted the insurer’s motion for summary judgment after finding there was no coverage based upon the policy’s assault and battery exclusion. Cincinnati Specialty Underwriters Ins. Co. v. Mainline Private Security, LLC, 2025 U.S. Dist. LEXIS 259938. (E.D. Pa. Dec. 26, 2025)
Mainline Private Security, LLC provided security guard services to…
The federal district court granted the insurer’s motion to compel arbitration of a claim by the policy’s additional insured. New Land Interiors Corp. v. Kinsale Ins. Co., 2025 U.S. Dist. LEXIS 257473 (S.D. N. Y. Dec. 12, 2025).
New Land Interiors Corporation was sued for negligence in state court. New Land was an additional…
Applying Texas law, the Second Circuit affirmed the district court’s judgment that the insurers had no duty to defend or indemnify the manufacturer of ghost guns and gun parts. Granite State Ins. Co. v. Primary Arms, LLC, 2025 U.S. App. LEXIS 32275 (2nd Circ. Dec. 10, 2025).
The insured, Primary Arms, sold and shipped…
The federal district court granted the insurer’s motion for summary judgment finding there was no coverage for an employee’s injury due to the policy’s Workers’ Compensation exclusion. Houston Spec. Ins. Co. v. Villanueva, 2025 U.S. Dist. LEXIS 255989 (E.D. Wash. Dec. 10, 2025).
Heavy Metal Carports Inc. (HMC) secured a policy from Houston Specialty…
The appellate court affirmed the trial court’s grant of summary judgment to the contractor’s insurer finding that the sumcontractor’s insurer had a duty to defend the contractor. Navigators Specialty Ins. Co. v. TBR Construction, LLC, et al., 2025 Ill. App. Unpub. LEXIS 2177 (Ill. Ct. App. Dec. 3, 2025).
Greenscape Homes, LLC was the…
The court granted partial summary judgment on the duty to defend to two additional insureds who were named as defendants in the underlying personal injury suit. In re Third St. Equity, LLC, 2025 U.S. Dist. LEXIS 234909 (E.D. N. Y. Dec. 2, 2025).
Third Street Equity LLD hired Developing NY State, LLC as…
