No Coverage For Claims Made Outside Of Claims-Made Policy Period

Thomas Benjamin Boley | Wiley Rein The United States District Court for the Northern District of Illinois, applying Illinois law, has granted a legal professional liability insurer’s motion for summary judgment, holding that its claims-made policy did not apply to various claims that were first made either before or after the policy period. Twin City Fire… Continue reading No Coverage For Claims Made Outside Of Claims-Made Policy Period

Contrasting Expert Opinions Result in Denial of Cross Motions for Summary Judgment

Tred R. Eyerly | Insurance Law Hawaii     Given the opposing experts’ contradictory reports, the court denied both the insured and insurer’s motions for summary judgment regarding coverage for a pipe leak. Pronti v. Hanover Ins. Co., 2022 U.S. Dist. LEXIS 222306 (W.D. N. Y. Dec. 9, 2022).     The insured had a swimming… Continue reading Contrasting Expert Opinions Result in Denial of Cross Motions for Summary Judgment

Court Grants Partial Summary Judgment on Conversion Claim Against Insurer

Tred R. Eyerly | Insurance Law Hawaii     Although the court was incredulous that the parties were disputing the possession of a gate opener allegedly damaged in a lightning strike, it granted the insured’s motion for partial summary judgment finding the insurer had converted the gate opener. Privratsky v. Liberty Mut. Fire Ins Co.,… Continue reading Court Grants Partial Summary Judgment on Conversion Claim Against Insurer

“Genuine” Issue of “Material” Fact and Summary Judgments

David Adelstein | Florida Construction Legal Updates This is short article on summary judgments.  A motion for summary judgment, as you may already know, is a procedural vehicle to try to dispose of issues or claims in a lawsuit, either partially or fully.  The objective is that the moving party claims that there is no genuine issue of material fact and… Continue reading “Genuine” Issue of “Material” Fact and Summary Judgments

Insured’s Failure to Challenge Trial Court’s Application of Exclusion Makes Appeal Futile

Tred R. Eyerly | Insurance Law Hawaii     The Texas Court of Appeals affirmed the trial court’s granting of summary judgment to the insurer because the appeal failed to challenge the exclusion under which the insurer found no coverage. Sosa v. Auto Club Indemn. Co., 2022 Tex. App. LEXIS 6520 (Tex. Ct. App. Aug. 30,… Continue reading Insured’s Failure to Challenge Trial Court’s Application of Exclusion Makes Appeal Futile

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