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
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Latest from Damon Key Leong Kupchak Hastert - Page 8
Insured’s Motion to Exclude Insurer’s Bad Faith Expert Denied
The magistrate judge denied the insured’s motion to exclude the insurer’s bad faith expert. Southwest Airlines Co. v. Liberty Ins. Underwriters Inc., 2025 U.S. Dist. LEXIS 235109 (N.D. Texas Dec. 2, 2025).
Southwest suffered a computer system failure that disrupted…
Ninth Circuit Affirms District Court’s Finding of No Coverage for Interior Leak
Applyng California law, the Ninth Circuit affirmed the district court’s finding that water damage caused by a leaking pipe over time was not covered under the insured’s homeowners’ policy. Mojica v. State Farm General Ins. Co., 2025 U.S. App. LEXIS…
No Duty to Defend or Indemnify Manufacturer of Ghost Guns
Applying Texas law, the Second Circuit affirmed the district court’s judgment that the insurers had no duty to defend or indemnify the manufacturer of ghost guns and gun parts. Granite State Ins. Co. v. Primary Arms, LLC, 2025 U.S. App.…
Insurer’s Motion to Dismiss Cyber Claim Denied
The court denied the insurer’s motion to dismiss the insured’s complaint seeking coverage for a cyber loss. Balgo Technologies, LLC v. Hiscox Ins. Co, Inc., 2025 U.S. Dist. LEXIS 251531 (M.D. Fla. Dec. 5, 2025).
Balgo was a financial technology…
Workers’ Compensation Exclusion Bars Coverage
The federal district court granted the insurer’s motion for summary judgment finding there was no coverage for an employee’s injury due to the policy’s Workers’ Compensation exclusion. Houston Spec. Ins. Co. v. Villanueva, 2025 U.S. Dist. LEXIS 255989 (E.D. Wash.…
Soot Constitutes Property Damage
Applying Missouri law, the Eighth Circuit affirmed the jury verdict awarding damages for the presence of soot after a fire. Maxus Metropolitan, LLC v. Travelers Property Cas. Co. of Am., 2025 U.S. App. LEXIS 29921 (8th Cir. Nov, 17, 2025).…
COVID-19 Claim for Business Interruption Dismissed with Leave to Amend Complaint
The federal district court in North Carolina dismissed the insured’s complaint for losses caused by the COVID-19 pandemic but granted leave to amend the complaint. The Durham Wood Fired Pizza Company LLC, et al. v. The Cincinnati Ins. Co., 2025…
Contractor Entitled to Defense Under Subcontractor’s Policy
The appellate court affirmed the trial court’s grant of summary judgment to the contractor’s insurer finding that the sumcontractor’s insurer had a duty to defend the contractor. Navigators Specialty Ins. Co. v. TBR Construction, LLC, et al., 2025 Ill. App.…
Additional Insureds Owed a Defense in Underlying Personal Injury Suit
The court granted partial summary judgment on the duty to defend to two additional insureds who were named as defendants in the underlying personal injury suit. In re Third St. Equity, LLC, 2025 U.S. Dist. LEXIS 234909 (E.D. N. Y.…