The federal district court granted the insured’s motion to dismiss the insurer’s federal suit for declaratory judgment because the insured filed a more complete action in state court. Church Mut. Ins. Co. v. Elmwood Baptist Church, 2025 U.S. Dist. LEXIS
Latest from Damon Key Leong Kupchak Hastert - Page 7
Agent Not Liable for Loss Given Insured’s Vague Instructions for Coverage
The Illinois Appellate Court affirmed the district court’s grant of summary judgment to the insured’s agent because there was no breach of duty. Jon Van Order v. Hauk, et al., 2025 Ill. App. Unpub. LEXIS 2378 (Ill. Ct. App. Dec.
Policy Provision Prohibiting the Hiring of Public Adjuster Upheld
The federal district court denied the public adjuster’s challenge to the policy provision prohibiting insureds from retaining public adjusters. Barbato v. Interstate Fire & Cas. Co., 2025 U.S. Dist. LEXIS 259094 (S.D.N.Y. Dec. 15, 2025).
North Jersey Public Adjusters, Inc.
ICLC Presentation – Fraud
My colleague, Karin Aldama of Gallagher & Kennedy in Phoenix, and I facilitated a lunch round table discussion today at the ABA’s Insurance Coverage Litigation Committee seminar. We addressed “When Does Fraud Vitiate My Policy?”
Damage from Frozen Pipes Excluded from Coverage
Applying Texas law, the federal district court found there was no coverage for damage to the insured’s commercial building due to the bursting of frozen pipes. Barona v. State Farm Lloyds, 2025 U.S. Dist. LEXIS 257379 (S.D. Texas Dec. 12,
Assault and Battery Exclusion Bars Coverage
The federal district court granted the insurer’s motion for summary judgment after finding there was no coverage based upon the policy’s assault and battery exclusion. Cincinnati Specialty Underwriters Ins. Co. v. Mainline Private Security, LLC, 2025 U.S. Dist. LEXIS 259938.
ABA Insurance Coverage Litigation Committee Seminar Set for Tucson
Headed to Tucson next week to attend the ABA’s annual Insurance Coverage Litigation Committee seminar. Always great presentations and discussions on a variety of coverage topics. Along with my co-facilitator, Karin S. Aldama, we will lead a discussion on “Why
Southwest Airlines Successfully Obtains Clarification on Cyber Policy
After the insurer denied coverage for a massive computer outage, the insured prevailed on a motion for summary judgment seeking an interpretation of the cyber policy. Southwest Airlines Co. v. Liberty Ins. Underwriters Inc., 2025 U.S. Dist. LEXIS 272540 (N.D.
Hawaii Supreme Court Affirms Denial of Insurers’ Right to Intervene in Maui Fire Class Settlement Proceedings
The Hawaii Supreme Court affirmed the Circuit Court’s denial of the insurers’ motion to intervene in the class settlement proceedings finding the insurers did not have a protectable interest. Burnes, et al.v. Hawaiian Electric Co., Inc,, et al., SCAP-25-0000531 (Haw.
Additional Insured Bound by Policy’s Arbitration Provision
The federal district court granted the insurer’s motion to compel arbitration of a claim by the policy’s additional insured. New Land Interiors Corp. v. Kinsale Ins. Co., 2025 U.S. Dist. LEXIS 257473 (S.D. N. Y. Dec. 12, 2025).
New Land