A commentary on insurance coverage issues in Hawaii and beyond
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…
Applying Texas law, the Second Circuit affirmed the district court’s judgment that the insurers had no duty to defend or indemnify the manufacturer of ghost guns and gun parts. Granite State Ins. Co. v. Primary Arms, LLC, 2025 U.S. App. LEXIS 32275 (2nd Circ. Dec. 10, 2025).
The insured, Primary Arms, sold and shipped…
The court determined that the subcontractor’s insurer owed a defense to the additional insured general contractor in a bodily injury suit. Charter Oak Fire Ins. Co. v. Liberty Mut. Fire Ins Co., 2025 U.S. Dist. LEXIS 227712 (S.D. W. V. Nov. 19, 2025).
A.L.L. Construction, Inc. was the general contractor for a construction project.
In a dispute between two insurers regarding which had a duty to defend in the underlying lawsuit, the federal district court denied one insurer's motion to join the underlying plaintiff as a necessary party. Amerisure Ins. Co. v. Burlington Ins. Group, Inc., 2025 U.S. Distl LEXIS 144927 (N.D. Ill. July 29, 2025). …
The court denied the insurer's motion for summary judgment on its claim that a defense was not owed to an entity not named as the insured under the policy. Safeco Ins. Co. of Am. v. Order Denying Rip Van 898, LLC, 2025 U.S. Dist. LEXIS 139269 (D. Nev. July 22, 2025).
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The court agreed with Travelers that Lloyd's had a duty to defend the underlying personal injury case. Travelers Indem. Co. v. Underwriters at Lloyd's, 2025 U.S. Dist. LEXIS 118445 (S.D. N. Y. June 23, 2025).
Jerome Avenue owned a multi-tenant property in the Bronx, New York. Jerome Avenue leased…
The court considered cross-motions for summary judgment to determined which carrier was primary and which was excess for coverage of bodily injury. Travelers Indemn. Co. v. Hudson Excess Ins. Co., 2025 U.S. Dist. LEXIS 110298 (S.D. N. Y. June 10, 2025).
21 West 86 LLC, the owner of a building…
Interpreting Kentucky law, the Sixth Circuit determined that the contractor who failed to complete a project was entitled to a defense in an action brought by its performance bond carrier. Phoenix Ins. Co., et al. v. Wehr Constructors, Inc., 2025 U.S, App. LEXIS 9258 (6th Cir. April 18, 2025).
Wehr…
The Iowa Supreme Court determined that a consumer fraud claim against a contractor was not an "occurrence" and was not covered under the CGL policy. Dostart v. Columbia Ins. Group, 2025 Iowa Sup. LEXIS 48 (April 18, 2025).
Tyler Custom Homes entered into a construction contract with the Dostarts to…
The Oregon Supreme Court wrestled with the meaning of "occurrence" in a liability policy, determining that recovery for an "accident" depended on whether there was a basis in fact for imposing tort liability. Twigg v. Admiral Ins. Co., 2025 Ore. LEXIS 242 (Ore. April 17, 2025).
Plaintiffs hired the insured…
