CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - THURSDAY, APRIL 16, 2026

Insurer’s Federal Suit Dismissed in Favor of Insured’s State Suit

Gavel lying on law book

After the roof of Elmwood’s property collapsed, the parties disputed the amount Church Mutual owed to Elmwood.

April 14, 2026
Tred R. Eyerly - Insurance Law Hawaii

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 259762 (S.D. W.V. Dec. 16, 2025).

Elmwood purchased a property policy from Church Mutual Insurance Company. After the roof of Elmwood’s property collapsed, the parties disputed the amount Church Mutual owed to Elmwood.

Church Mutual filed suit in federal district court asking for a declaration that the policy was “void ab initio,’ or, alternatively, that Church had fully compensated Elmwood for its loss.

Mr. Eyerly may be contacted at te@hawaiilawyer.com


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