A commentary on insurance coverage issues in Hawaii and beyond
The Firth Circuit affirmed the district court’s grant of summary judgment to the insurer due to the insureds’ failure to establish the date of loss after a hailstorm. Cutchall v. Chubb Lloyds Ins. Co. of Texas, 2026 WL 625633 (5th Cir. March 5, 2026).
In September 2021, the Cutchalls made a claim on their…
The insurer successfully moved for summary judgment, eliminating the insured’s claim for roof damage due to windstorm. Mulas v. Westchester Surplus Lines Ins. Co., 2026 U.S. Dist. LEXIS 20537 (Jan. 30, 2026).
The insureds’ commercial property sustained windstorm damage during Hurricane Ian. Westchester denied the claim. The insureds believed Westchester wrongfully denied coverage for…
The recent Kona Low storms that hit all islands were devastating, causing significant property damage. Homeowners and businesses will be seeking coverage under their insurance policies to recover for their losses. Here is a brief look at what may be covered and which exclusions may be troublesome in homeowners’ and commercial property policies.
Typically, both…
The appellate court affirmed the decision of the trial court granting summary judgment to the insurer after agreeing that the policy’s anti-concurrent causation clause barred coverage. Lido Hospitality, Inc. v. AIX Specialty Ins. Co., 2026 Iii. App. Unpub. LEXIS 133 (Ill. Ct. App. Jan. 27, 2026).
One of the brick veneer walls of the…
The court granted the insurer’s and the mortgagee’s motions to dismiss the homeowner’s claims for breach of contract, bad faith and breach of fiduciary duty. Morris v. Standard Guar. Ins. Co., et al., 2026 U.S. Dist. LEXIS 12354 (N.D. Okla. Jan. 23, 2026).
PHH Mortgage Corporation was Plaintiff Sidney Morris’ mortgagee. The mortgage required…
The insured’s claim that the insurer breached its duty to advise on coverage offered by the policy failed. Piatt Lake Bible Conference Ass’n v. Church Mutual Ins. Co., 2026 U.S. App. LEXIS 1095 (6th Cir. Jan. 13, 2026).
Piatt Lake Bible Conference Association held a blanket insurance policy with Church Mutual insuring several buildings…
The federal district court granted the insured’s motion to dismiss the insurer’s federal suit for declaratory judgment because the insured filed a more complete action in state court. Church Mut. Ins. Co. v. Elmwood Baptist Church, 2025 U.S. Dist. LEXIS 259762 (S.D. W.V. Dec. 16, 2025).
Elmwood purchased a property policy from Church Mutual…
The Illinois Appellate Court affirmed the district court’s grant of summary judgment to the insured’s agent because there was no breach of duty. Jon Van Order v. Hauk, et al., 2025 Ill. App. Unpub. LEXIS 2378 (Ill. Ct. App. Dec. 23, 2025).
The insured began renovating a vacant home in October 2018. He met…
Applying Texas law, the federal district court found there was no coverage for damage to the insured’s commercial building due to the bursting of frozen pipes. Barona v. State Farm Lloyds, 2025 U.S. Dist. LEXIS 257379 (S.D. Texas Dec. 12, 2025).
Freezing weather froze Barona’s plumbing fixtures, causing significant water damage to the commercial property…
The Hawaii Supreme Court affirmed the Circuit Court’s denial of the insurers’ motion to intervene in the class settlement proceedings finding the insurers did not have a protectable interest. Burnes, et al.v. Hawaiian Electric Co., Inc,, et al., SCAP-25-0000531 (Haw. Feb. 10, 2026).
Following the Maui fires, a class action suit and individual suits were…
