A commentary on insurance coverage issues in Hawaii and beyond
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 insureds’ suit for coverage due to a collapse of their barn was dismissed while the bad faith against the insurer survived. Funaro v. State Farm Fire & Cas. Co., 2025 U.S. Dist. LEXIS 227346 (W. D. Pa. Nov 19, 2025).
The insureds’ barn was insured by State Farm. The insureds alleged that…
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 cross-motions from the insured and the insurer after the insured's dwelling suffered a collapse of the ceiling. Simons v. Fed. Ins. Co., 2025 U.S. Dist. LEXIS 75839 (C.D. Cal. March 4, 2025).
Gary Simons bought a second home located in Park City, Utah (Utah Property) that was…
The insured's claim for collapse of a building was denied after failing to file suit within the two-year limitation set forth in the policy. 94 Broad Street, LLC v. The Hartford Financial Services Group, Inc., 2025 Conn. Super. LEXIS 112 (Conn. Super. Ct. Jan. 24, 2025).
The insured had a…
The Sixth Circuit affirmed the District Court's decision that the insureds could not recover for a partial collapse of a wall. Builders Mut. Ins. Co. v. GCC Construction, LLC, 2024 U.S. App. LEXIS 31518 (6th Cir. Dec. 11, 2024).
Tahini Main Street bought a century-old building in Chattanooga, Tennessee. The building…
The insurer's motion for summary judgment seeking to dispose of the insured's claim for collapse was denied. Life Skills, Inc. v. Harleysville Ins. Co., 2024 U.S. Dist. LEXIS 143658 (D. Mass. Aug. 13, 2024).
Life Skills was a non-profit social service agency providing residential and day habilitation services to adults…
The Tenth Circuit affirmed the district court's grant of summary judgment to the insurer on the insured's claims for collapse and bad faith. Christopher M. Wolpert Saddletree Holding, LLC v. Evanston Ins. Co., 2024 U.S. App. LEXIS 10377 (10th Cir. April 30, 2024).
On May 7, 2019, Saddletree filed a…
The insured's claim for collapse of his roof and deck failed due to defective design and other exclusions under the policy. Dudar v. State Farm & Cas. Co., 2024 U.S. Dist. LEXIS 52706 (N.D. Ga. Feb. 6, 2024).
The insured submitted a claim to State Farm for damage to the…
With the insurer conceding that there was evidence of potential collapse at portions of eight specific building locations, the court granted the insurer's motion for partial summary judgment in determining no additional buildings suffered from collapse. Exec. 1801 LLC v. Eagle W. Ins. Co., 2024 U.S. Dist. LEZXIS 5923 (D. Or. Jan.
