A commentary on insurance coverage issues in Hawaii and beyond
The federal district court applying Kentucky law denied the insurer's motion to dismiss bad faith claims, but granted the motion for dismissal of the insured's negligence claim. Smith v. Am. Strategic Ins., 2025 U.S. Dist. LEXIS 140900 (W.D. Ky. July 23, 2025).
The Smiths purchased a homeowners policy from American…
The federal district court agreed that a challenge to State Farm's practice of depreciating sales tax when calculating actual cash value (ACV) benefits payments to policyholders could go forward as a class action. Pitkin, et al. v. State Farm Fire and Cas. Co., 2025 U.S. Dist. LEXIS 134948 (July 15, 2025, N.
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 Superior Court granted summary judgment to a policy holder who was issued a policy by the California's insurer of last resort, known as the FAIR Plan. Aliff v. California FAIR Plan Association, No. 21STCV200095 (Super. Ct. California June 24, 2025).
Plaintiff sued the California Fair Plan Association (CFP) arguing…
The Colorado Court of Appeal reversed, in part, the trial court's dismissal of the insured's COVID-19 claim. Spectrum Retirement Communities, LLC, et al v. Continental Casualty Company, 2025 Colo. App. LEXIS 876 (Colo. Ct. App. June 18, 2025).
Spectrum owned and operated forty-three senior living and memory care communities in…
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 insurer's motion for summary judgment on the insured's collapse claim was partially granted, but mostly denied. LDG Rentals, LLC v. Western World Ins. Co., 2025 U.S. Dist. LEXIS 117063 (D. Kan. June 18, 2025).
LDG Rentals, LLC purchased a two-story, 125 year old building. LDC sought coverage for the…
The court denied the insurer's motion to strike the insureds' expert witnesses, and denied the insurer's motion to dismiss all claims raised under the state's unfair claims settlement act. Gerstman v. Crestbrook Ins. Co., 2025 U.S. Dist. LEXIS 108705 (N.D. Tex. June 9, 2025).
The insureds' property suffered damage when…
The insurer's challenge to an appraisal award that was more than the insureds' proof of loss was rejected by the court. Larson, et al. v. Auto-Owners Ins. Co., Iowa Dist. Ct. No. LACV053659 (Iowa Dist. Ct. June 4, 2025).
The insureds' home was damaged by hail. The insureds and Auto-Owners disagreed…
The insurer's challenge to an appraisal award was rejected by the federal district court. Bogaerts v. State Farm Fire and Cas. Co., 2025 U.S. Dist. LEXIS 102170 (E.D. Mich. May 29, 2025).
The plaintiffs' home was destroyed by fire. State Farm was notified of the loss and after an inspection…
