A commentary on insurance coverage issues in Hawaii and beyond
The insureds were denied coverage when both negligent and intentional acts took place in the underlying case. State Farm Fire & Cas. Co. v. Diblin. 114 Cal. App. 5th 1245 (Cal. Ct. App. 2025).
Curtis Diblin held a homeowners policy with State Farm. While the policy was in effect, Dibiln attacked his housemate, Monee…
The Wisconsin Court of Appeals determined an occurrence could follow the insured's intentional act when the harm caused was not intentional. Riverbank Farms v. Saukville Feed Supplies, 2023 Wisc. App. LEXIS 813 (Wis. Ct. App. July 26, 2023).
Riverback was a dairy farm. It purchased feed mix from Saukville. Riverback's…
The federal district court for the district of Hawaii granted the insurer's motion for summary judgment determining there was not duty to defend and no duty to indemnify the insured under a homeowner's policy. Allstate Ins. Co. v. Rosfeld, 2022 U.S. Dist. LEXIS 139123 (D. Haw. Aug. 4, 2022).
The…
The Federal District Court, District of New Mexico, found that the insurer had a duty to defend allegations of sexual abuse lodged against the insured. Proassurance Spec. Ins. Co. v. Familyworks, Inc., 2022 U.S. Dist. LEXIS 71434 (D. N.M. April 19, 2022).
Four lawsuits relating to the sexual abuse…
The homeowners policy did not cover the insured after he was sued for planting a hidden camera in the bathroom of his neighbors. State Farm Fire & Cas. Co. v. Rodriguez, 2021 U.S. Dist. LEXIS 22161 (D. Haw. Feb. 5, 2021).
The insured's neighbors brought suit alleging that the insured…
The Montana Supreme Court held that because there was no duty to defend the insureds' intentional acts, the insurer had no duty to defend. Farmers Ins. Exch. v. Wessel, 2020 Mont. LEXIS 2617 (Mont. Dec. 22, 2020).
The insureds' property was accessed by Turk Road. Turk Road was also used…
Finding the exclusion relied upon by the insurer was ambiguous, the Fourth Circuit affirmed the district court's ruling that a duty to defend was owed. Mariam, Inc. v. Universal Underwriters Ins. Co., 2020 U.S. App. LEXIS 15658 (4th Cir. May 15, 2020)
Tamara Darvish Fallahi sued her father, his company, and…
Based upon the primary policy's exclusion, the following form excess policy had no duty to indemnify after the insured reached a settlement in the underlying case. Houston Cas. Co. v. Strata Corp., 2019 U.S. App. LEXIS 3936 (8th Cir. Feb. 6, 2019).
An employee of Strata fell to his death…
