Marheldondria Johnson | Zelle In Frederich v. Trisura Specialty Ins. Co., the 5th Circuit affirmed the granting of Trisura’s Motion for Summary Judgment. That judgement was based on the insurer’s payment of an appraisal award plus interest. The court found this foreclosed the Insured’s extra contractual claims. Frederich v. Trisura Specialty Ins. Co., No. 24-40748, 2025 WL 2840272 (5th… Continue reading One Dip and Done: Summary Judgment as a Shield Against Costly Double Dipping Claims
Tag: Summary Judgment
Court Addresses Insurers’ Dispute Over Which is Primary, Which is Excess
Tred R. Eyerly | Insurance Law Hawaii The court considered cross-motions for summary judgment to determined which carrier was primary and which was excess for coverage of bodily injury. Travelers Indemn. Co. v. Hudson Excess Ins. Co., 2025 U.S. Dist. LEXIS 110298 (S.D. N. Y. June 10, 2025). 21 West 86 LLC,… Continue reading Court Addresses Insurers’ Dispute Over Which is Primary, Which is Excess
Insurers’ Motion for Summary Judgment on Collapse Claim Granted in Part, Denied in Part
Tred R. Eyerly | Insurance Law Hawaii The insurer’s motion for summary judgment on the insured’s collapse claim was partially granted, but mostly denied. LDG Rentals, LLC v. Western World Ins. Co., 2025 U.S. Dist. LEXIS 117063 (D. Kan. June 18, 2025). LDG Rentals, LLC purchased a two-story, 125 year old building.… Continue reading Insurers’ Motion for Summary Judgment on Collapse Claim Granted in Part, Denied in Part
Timely Filed, Wrongly Rejected: Court of Appeal Reinforces Summary Judgment Rights
Haight Brown & Bonesteel In CFP BDA, LLC v. Superior Court (2025), the California Court of Appeal, Fourth Appellate District, Division Two (Riverside), issued a published opinion that clarifies a recurring procedural dilemma in civil litigation: whether trial courts may deny a timely motion for summary judgment based solely on local calendaring rules. The Court held they… Continue reading Timely Filed, Wrongly Rejected: Court of Appeal Reinforces Summary Judgment Rights
California’s Fourth Appellate District Provides Much-Needed Clarity for Summary Judgment Motions
Matthew Marshall and Rashi Mishra | Clark Hill In the landscape of California civil litigation, few procedural devices carry the weight, complexity, and consequence of a motion for summary judgment (MSJ). Governed by California Code of Civil Procedure § 437c (which sets forth the standards and procedures for obtaining summary adjudication of claims without trial), MSJs frequently determine case… Continue reading California’s Fourth Appellate District Provides Much-Needed Clarity for Summary Judgment Motions