The federal district court found that the insurer paying the full settlement amount of the underlying case was entitled to equitable contribution from another insurer. Allstate Indem. Co. v. Fed. Ins. Co., 2026 U.S. Dist. LEXIS 33700 (S.D. Texas, Feb.
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Latest from Damon Key Leong Kupchak Hastert - Page 6
Hawaii Supreme Court Grants Certiorari in COVID-19 Closure Case
The Hawaii Supreme Court has granted certiorari in Tiki’s Grill & Bar, LLC v. DTRIC Ins. Co., Ltd., 157 Haw. 473 (Haw. Ct. App. 2025), a case involving coverage for a restaurant being forced to close during the COVID-19 pandemic.…
Pursuing Claims for Loss Caused by Recent Kona Low Storms for Homeowners and Businesses
The recent Kona Low storms that hit all islands were devastating, causing significant property damage. Homeowners and businesses will be seeking coverage under their insurance policies to recover for their losses. Here is a brief look at what may be…
Insured Does Not Prevail on Summary Judgment Motion Invoking Ensuing Loss Provision
The court denied the insured’s motion for summary judgment finding genuine issues of fact regarding implication of the policy’s ensuing loss provision. Stella Prop. Dev.. & Event Productions, LLC v. Auto-Owners Ins. Co., 2026 U.S. Dist. LEXIS 15854 (W.D. Pa.…
Blog Listed in Feedspot’s Top 100 Insurance Blogs
Honored to be included in Feedspot’s top 100 Insurance Blogs
Anti-Concurrent Causation Clause Prevents Coverage for Collapse
The appellate court affirmed the decision of the trial court granting summary judgment to the insurer after agreeing that the policy’s anti-concurrent causation clause barred coverage. Lido Hospitality, Inc. v. AIX Specialty Ins. Co., 2026 Iii. App. Unpub. LEXIS 133…
Mortgagor Has No Claim Against Insurer Under Forced-Placed Policy
The court granted the insurer’s and the mortgagee’s motions to dismiss the homeowner’s claims for breach of contract, bad faith and breach of fiduciary duty. Morris v. Standard Guar. Ins. Co., et al., 2026 U.S. Dist. LEXIS 12354 (N.D. Okla.…
Blog Listed in Feedspot’s Top 100 Insurance Blogs
Honored to be included in Feedspot’s Top 100 Insurance Blogs.
Substantial Evidence of Flood Loss is Not a Substitute for Required Proof of Loss
The court found that the insurer properly denied the insured’s claim for loss due to flood because a proof of loss was never submitted. Bay Haven at Coco Bay Condominium Association, Inc. v. Hartford Ins. Co. of the Midwest, 2026…
Insured’s Claim Against Insurer for Misrepresentation in Providing Policy Fails
The insured’s claim that the insurer breached its duty to advise on coverage offered by the policy failed. Piatt Lake Bible Conference Ass’n v. Church Mutual Ins. Co., 2026 U.S. App. LEXIS 1095 (6th Cir. Jan. 13, 2026).
Piatt Lake…