A commentary on insurance coverage issues in Hawaii and beyond
The court denied the insurer's motion for summary judgment on its claim that a defense was not owed to an entity not named as the insured under the policy. Safeco Ins. Co. of Am. v. Order Denying Rip Van 898, LLC, 2025 U.S. Dist. LEXIS 139269 (D. Nev. July 22, 2025).
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The federal district court determined that the insurer must defend the additional insured even though it was premature to determine whether there was also a duty to indemnify. Liberty Mutual. Fire Ins. Co. v. Acuity Mut. Inx. Co., 2025 U.S. Dist. LEXIS 121429 (D. Nev. June 26, 2025).
Royal…
The court agreed with Travelers that Lloyd's had a duty to defend the underlying personal injury case. Travelers Indem. Co. v. Underwriters at Lloyd's, 2025 U.S. Dist. LEXIS 118445 (S.D. N. Y. June 23, 2025).
Jerome Avenue owned a multi-tenant property in the Bronx, New York. Jerome Avenue leased…
In a dispute over coverage obligations between two insurers, the court rejected one insurer's claim that the other insurer was equitably estopped from denying a defense. Associated Industries Ins. Co. v. Sentinel Ins. Co., 2025 U.S. Dist. LEXIS 114423 (S.D. N. Y. June 16, 2025).
Eduardo Molina was a construction…
The court considered cross-motions for summary judgment to determined which carrier was primary and which was excess for coverage of bodily injury. Travelers Indemn. Co. v. Hudson Excess Ins. Co., 2025 U.S. Dist. LEXIS 110298 (S.D. N. Y. June 10, 2025).
21 West 86 LLC, the owner of a building…
The appellate court reversed the lower court's denial of the insurer's motion to dismiss a claim pursued by non-insured parties. Nino & Nino Corp. v. Utica First Insurance Co., 2025 N.Y. App. Div. LEXIS 3226 (N.Y. App. Div. May 28, 2025).
Granville Wiltshire (decedent) was an employee of Door Restaurant…
Interpreting Kentucky law, the Sixth Circuit determined that the contractor who failed to complete a project was entitled to a defense in an action brought by its performance bond carrier. Phoenix Ins. Co., et al. v. Wehr Constructors, Inc., 2025 U.S, App. LEXIS 9258 (6th Cir. April 18, 2025).
Wehr…
The federal district court found that the insurer owed a duty to defend the additional insured. Owners Ins. Co. v. Colliers Bennet & Kahnweiler, LLC, 2025 U.S. Dist. LEXIS 24893 (N.D. Ill. Feb. 11, 2025).
Colliers Bennett Kahnweller, LLC (Colliers) managed property owned by North Shore Industrial Holdings LLC (North…
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 First Circuit, following Massachusetts law, found that coverage for allegations against the insured contractor for faulty workmanship were barred by the policy's (j) (6) Exclusion. Admiral Ins. Co. v. Tocci Bldg. Corp., 2024 U.S. App. LEXIS 28439 (1st Cir. Nov. 8, 2024).
Tocci Building Corporation was the construction manager…
