A commentary on insurance coverage issues in Hawaii and beyond
The federal district court construed two competing “other insurance” provisions in the policies of two insureds sued in state court. Old Guard Ins. Co. v. Safeco Ins. Co. of Am., 2026 U.S. Dist. LEXIS 169092 (E.D. Pa. July 29, 2026).
Andrew Lasky hired Elite Level Realty, LLC to manage his apartment complex through a…
The Tenth Circuit held that abuse of several victims amounted to one abuse and one retained limit applied before the insurers’ obligations arose. Church of Jesus Christ of Latter-Day Saints v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA., 2026 U.S. App. LEXIS 22404 (10th Cir. July 28, 2026).
Thirteen-year-old Michael Jenson groped two…
The California Supreme Court concluded that the insureds could state a cause of action for declaratory relief regarding coverage under an excess policy even though all of the underlying policies had not yet been exhausted. Fox Paine & Co., LLC v. Twin City Fire Ins. Co., 2026 Cal. LEXIS 3942 (Cal. July 27, 2026).…
The federal district court held that the insurer was obligated to defend the additional insured, rejecting the insurer’s argument that the additional insured was an indemnitee under the policy’s supplementary payments provision, negating the insurer’s having to pay defense costs. Charter Oak Fire Ins. Co. v. Liberty Mut. Fire Ins. Co., 2026 U.S. Dist.
The District Court denied the insurer’s motion to dismiss the additional insured’s claim that the appointment of independent counsel was required. S. Cal. Edison Co. v. Travelers Prop. Cas. Co of Am., 2025 U.S. DIst. LEXIS 148495 (C.D Calif. July 15, 2025).
Southern California Edison Company (SCE) entered a Master Services Agreement with its…
The federal district court denied cross motions seeking to establish whether the policy covered damage due to smells in the insureds’ newly purchased home. Akina v. State Farm Fire & Cas. Ins. Co., 2026 U.S Dist. LEXIS 162817 (W. D. Wash. July 22, 2026).
Plaintiffs bought a home in May 2024 but never conducted…
Reversing the trial court’s grant of summary judgment to the insurer, the Wisconsin Supreme Court determined that genuine issues of material fact existed on whether ensuing losses as defined in the policy were covered. Cincinnati Ins. Co. v. Ropicky, 2026 Wisc. LEXIS 302 (Wis. July 7, 2026).
The insured suffered damage during a storm on…
The Sixth Circuit affirmed the district court’s finding that numerous lawsuits against the insured for distribution of peanut butter with salmonella contamination triggered one occurrence that meant one retained limit was applicable. J.M. Smucker Co. v. Ace Am ins. Co., 2026 U.S. App. LEXIS 19304 (6th Cir. July 1, 2026).
Smucker made food products…
The Sixth Circuit found that the insured’s loss of property due to fire was covered despite noncompliance with an endorsement requiring encompassing the property. 3371 Reading, LLC v. Liberty Mut Group, Inc., et al., 2026 U.S. App. LEXIS 19156 (6th Cir. June 29, 2026).
The insured, 3371 Reading, owned a building undergoing renovation. After…
In a dispute among insurers for various defendants in the underlying case regarding the providing of a defense, the Second Circuit vacated, in part, the district court’s judgment and remanded the case. New Your Marine and Gen. Ins. Co. v. Fed. Ins. Co., 2026 U.S. App. LEXIS 18087 (2nd Cir. June 23, 2026).
Mary…
