A commentary on insurance coverage issues in Hawaii and beyond
The Texas Supreme Court granted mandamus, agreeing that the trial court abused its discretion in denying the insurers’ motion to compel appraisal because of existing coverage issues. In re ACE American Ins. Co., 2026 Tex. LEXIS 411 (Tex. May 8, 2026).
The insured owned, leased and managed commercial properties nationwide. Several insurers collectively insured…
The insurer’s motion for judgment on the pleadings was granted after the insured failed to file suit against the insurer within the policy’s two-year suit limitation provision. Interstate Investments, LLC v. Mt. Hawley Ins Co., 2026 U.S. Dist. LEXIS 98108 (S.D. N. Y. May 4, 2026).
On or before June 27, 2023, a wind, hail…
The federal district court denied the insurer’s motion for summary judgment on the insured’s claim for damage caused by a water leak, but granted the insurer’s motion on the bad faith claim. Hampartsoumian v. State Farm General Ins. Co., 2026 U.S. Dist. LEXIS 86735 (C.D. Calif. Apri 17, 2026).
The insured returned to her…
The insurer’s motion for summary judgment seeking to eliminate the insured’s claims for damage from a water leak, bad faith and punitive damages failed. Nargizyan v, State Farm General Ins. Co., 2026 Cal App. LEXIS 302 (Cal. Ct. App. April 15, 2026).
The insured noticed tiles on his kitchen floor were warmer than usual.
The general contractor’s motion for partial summary judgment successfully established that damage to footings in place before the policy period was covered after the collapse of a building. Big D Builders, Inc. v. Am Zurich Ins. Co., 2026 U.S. Dist. LEXIS 72012 (D. Idaho March 31, 2026).
Big D was the general contractor for…
The court found that a six-month delay in reporting damage from wind did not comply with the policy’s notice requirements. Touchmark Hotel Group, LLC v. Mt. Hawley Ins. Co., 2026 U.S. Dist. LEXIS 61910 (S.D. N. Y. March 24, 2026).
A storm caused damage to Touchstone’s hotel on January 4, 2023. Touchstone’s corporate representative…
The court granted the insurer’s motion for partial summary judgment because the insured failed to present evidence that the insurer failed to conduct a reasonable investigation. PSY Burger, LLC v. State Farm General Insurance Company, 2026 U.S. Dist. LEXIS 66991(C.D. Cal. March 20, 2026).
The insured’s commercial property suffered heavy damage from tropical storm…
The court denied the insurer’s motion for partial summary judgment on the insured’s bad faith claim, but granted the motion on the insured’s claim for punitive damages. Serbian Orthodox Church v. Brotherhood Mut. Ins. Co., 2026 U.S. Dist. LEXIS 58234 (S.D. Cal. March 19, 2026).
On February 1, 2023, the Church filed a claim…
The insured’s lawsuit was dismissed because it was filed long after the time frame provided by the policy’s suit limitation provision. The Eichholz Law Firm P.C. v. State Farm Mut. Auto. Ins. Co., No. 1:24-cv-03403-TRJ (N.D. Ga., March 12, 2026).
The insured law firm’s automobile was damaged in an accident on August 21, 2020.
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…
