The federal district court granted the insurer’s motion to dismiss several claims raised by the insured after a loss caused by wind and hail damage. Greco Investment Group, LLC v. Civil Nationwide Ins. Co., 2026 U.S. Dist. LEXIS 206290 (S.D.
Damon Key Leong Kupchak Hastert
At Damon Key, we think that firms are best judged by their people. Ours are committed, energetic and enthusiastic. We relish challenges. We temper intelligence and determination with wisdom conferred by a healthy sense of humor, a variety of experiences and a worldview that includes devotion to community and friends. Our firm attracts some of the freshest, brightest talents in law.
Website:
https://hawaiilawyer.com/
Damon Key Leong Kupchak Hastert Blogs
Blog Authors
Latest from Damon Key Leong Kupchak Hastert
Insured’s Motion to Dismiss Insurer’s Counterclaim Rejected as Premature
The insured’s motion to dismiss the insurer’s counterclaim because it was redundant was dismissed as premature. Pulte Homes of New Mexico, Inc., 2026 U.S. Dist.. LEXIS 205627 (D. N. M. Sept. 11, 2026).
Pulte filed suit against several insurance companies…
Insurer Granted Summary Judgment After Insured Fails to Provide Actual Cash Value of Loss
The court granted the insurer’s motion for summary judgment after the insured presented Replacement Cost Value (RCV) but never provided the Actual Cash Value (ACV) of repairs after the loss. Guidry v. State Farm Fire and Cas. Co., 2026 U.S.…
Court Untangles Which of Three Insurers Should Defend
The federal district court sorted out which of three insurers were obligated to defend the insured after a bodily injury. Travelers Prop. Cas. Co. of Am. v. Arch Ins. Co., 2026 U.S. Dist. LEXIS 197942 (S. D. N. Y. Sept.…
Professional Services Exclusion Found Inappicable
In a coverage dispute between two insurers, the federal district court found the professional services exclusion under one of the insurer’s policies did not apply. The Phoenix Ins. Co. v. Scottsdale Ins. Co., 2026 U.S. Dist. LEXIS 192870 (E.D. N.…
Suit Against Broker Untimely Filed
The insured’s suit against the broker alleging insufficient coverage was dismissed as untimely. Elite Rental Properties, LLC, et al. v. Nautilus Ins. Co., et al., 2026 La. App. LEXIS 1704 (Aug. 26, 2026).
Elite retained Southern General Agency (SGA) and…
Underlying Complaint’s Allegations Confirm Insurer Has No Duty to Defend
The court granted the insurer’s motion for partial summary judgment confirming that the insurer had no duty to defend or indemnify the insured. Arch Spec. Ins. Co. v. Herbal Garden Wellness, 2026 U.S. Dist. LEXIS 195542 (D. Colo. July 15,…
Insurer’s Motion to Dismiss Bad Faith Claim Denied
The court denied the insurer’s motion to dismiss the insured’s claim for breach of the covenant of good faith and fair dealing, but granted the motion to dismiss the claim for declaratory judgment. Jimenez v. State Farm Fire & Cas.…
Insured is Third Party Beneficiary of Forced-Place Policy
The court denied the insurer’s motion to dismiss the insured’s fire damage claims under a forced-place policy because the insured was a third-party beneficiary of the policy. Fredericks v. Assurant Specialty, et al., 2026 U.S. Dist. LEXIS 179779 (E.D. Pa.…
Additional Insureds Obligated to Meet Self-Insured Retention
The federal district court found that the additional insureds had to meet the policy’s self-insured retention before a duty to defend was triggered. Amerisure Ins. Co. v. Premier Design & Build Group, LLC, 2026 U.S. Dist. LEXXIS 170741 (N.D. Ill.…