A commentary on insurance coverage issues in Hawaii and beyond
The court granted the insurer’s motion for partial summary judgment confirming that the insurer had no duty to defend or indemnify the insured. Arch Spec. Ins. Co. v. Herbal Garden Wellness, 2026 U.S. Dist. LEXIS 195542 (D. Colo. July 15, 2026).
Herbal Garden was an additional insured under a CGL policy issued by Arch…
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 affirmed the district court’s finding that numerous lawsuits against the insured for distribution of peanut butter with salmonella contamination triggered one occurrence that meant one retained limit was applicable. J.M. Smucker Co. v. Ace Am ins. Co., 2026 U.S. App. LEXIS 19304 (6th Cir. July 1, 2026).
Smucker made food products…
In a dispute among insurers for various defendants in the underlying case regarding the providing of a defense, the Second Circuit vacated, in part, the district court’s judgment and remanded the case. New Your Marine and Gen. Ins. Co. v. Fed. Ins. Co., 2026 U.S. App. LEXIS 18087 (2nd Cir. June 23, 2026).
Mary…
The court granted summary judgment to the insurer, finding it had no duty to indemnify the additional insured nor to continue its defense of the additional insured. W. Bend Mut. Ins. Co. v. Budrovich Indoor Training I, LLC, 2026 U.S. Dist. LEXIS 133776 (E.D. Mo. June 16, 2026).
Budrovich Indoor Training leased to tenants…
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 appellate court affirmed a party’s right to pursue both coverage as an additional insured while also seeking to enforce a contractual indemnity claim. Daniello v. J.T. Magen & Co., Inc., 2026 N.Y. App. Div. LEXIS 1994 (N.Y. App. Div. March 31, 2026).
The lower court granted defendant/third party defendant L&K Partners, Inc.’s motion…
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 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…
