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.
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
Wisconsin Supreme Court Finds Coverage Under Ensuing Loss Provisions
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…
Sixth Circuit Determines One Occurrence for Purposes of Determining Number of Retained Limits
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.,…
Endorsement is Void Where Compliance is Impossible
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…
Underlying Complaint Alleges Possibility of Coverage, Triggering Duty to Defend
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.…
Insurer’s Claim of Insured’s Misrepresentations is Time Barred
The federal district court granted the insured’s motion for summary judgment and dismissed the insurer’s claims of misrepresentation against the insured. Colony Ins. Co. v. Oz Solutions, et al., 2026 U.S. Dist. LEXIS 138034 (S.D. N.Y. June 22, 2026).
Oz…
Washington Court Rules Insurer’s Payment of UIM Claim Does not Extinguish Extracontractual Damage Claim
The Washington Court of Appeals found the insurer was exposed to extracontractual damages after paying Under Insured Motorist (UIM) benefits. Labeaume v. First Nat’l Ins. Co. of Am., 2026 Wash. App. LEXIS 1336 (Wash. Ct. App. June 16, 2026).
Jane…
Landlord Determined to Not Qualify as Additional Insured
In a dispute between two insurers, the Second Circuit affirmed the district court’s determination that the landlord was not an additional insured under the tenant’s policy. Peleus Ins. Co. v. Am. European Ins. Co., 2026 U.S. App. LEXIS 17981 June…
Computer Fraud Loss Coverage Barred by Exclusion
The Seventh Circuit affirmed the district court’s decision that coverage for cyber coverage was precluded by an exclusion. Office of the Special Deputy Receiver v. Hartford Fire Ins. Co., 2026 U.S. App. LEXIS 17778 (7th Cir. June 18, 2026).
The…
Vacant Building Negates Coverage for Broken Pipe
The Michigan Court of Appeals found the insured was not covered for water damage because the commercial space was left vacant. Cherry Hill Recreation Center, Inc. v. Conifer Ins Co., 2026 Mich, App. LEXIS 5099 (Mich Ct. App. June 18,…