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.
Insurance Law Hawaii
A commentary on insurance coverage issues in Hawaii and beyond
Insurance Law Hawaii is a blog published by Damon Key Leong Kupchak Hastert that focuses on legal issues related to insurance coverage and disputes, particularly within the context of Hawaii law. The blog covers topics such as insurance claims, duty to defend and indemnify, policy exclusions, liability insurance in construction and subcontractor contexts, and coverage litigation. It also addresses developments in insurance law arising from significant local events, including natural disasters. The blog provides analysis of court decisions impacting insurance coverage and offers insights into practical insurance law matters relevant to attorneys, insurers, and insured parties in Hawaii.
Latest from Insurance Law Hawaii - Page 2
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,…
Insurer Cannot Challenge Underlying Case if Refuses to Defend
The Appellate Division, Supreme Court of New York, affirmed the lower court’s grant of summary judgment determining that the insurer could not challenge the judgment in the underlying case after refusing to defend the insured. Shattuck v Dryden Mut. Ins.…
Court Determines Insurer Has No Duty to Indemnify and May Revoke Defense of Additional Insured
The court granted summary judgment to the insurer, finding it had no duty to indemnify the additional insured nor to continue its defense of the additional insured. W. Bend Mut. Ins. Co. v. Budrovich Indoor Training I, LLC, 2026 U.S.…
Employee of Insured Cannot Pursue Breach of Contract and Bad Faith Claims After Insurer’s Failure to Pay Uninsured Motorist Coverage
The employee of the insured company could not pursue breach of contract and bad faith claims against his employer’s insurer after being injured by an uninsured motorist. Travelers Prop. Cas. Co. of Am. v. Kelly, 2026 U.S. Dist. LEXIS 134948…
Generic Complaint Alleging Bad Faith is Insufficient
The federal district court granted the insurer’s motion for judgment on the pleadings after determining that the insured’s claims for bad faith and unfair claims settlement practices were insufficiently pled. Navia v. State Farm Fire & Cas. Co., 2026 U.S.…