Insurer’s Motion for Summary Judgment on Business Interruption Claim Denied

Tred R. Eyerly | Insurance Law Hawaii     The insurer’s motion to cap a potential business interruption claim after the insured failed to provide documentation was denied. Lake Charles Instruments Inc. v. Scottsdale Ins. Co., 2022 U.S. Dist. LEXIS 116802 (W.D. La. July 2, 2022).     Plaintiff operated a business that was damaged during… Continue reading Insurer’s Motion for Summary Judgment on Business Interruption Claim Denied

Awarding Insurer Summary Judgment Before Discovery Completed Reversed

Tred R. Eyerly | Insurance Law Hawaii     The Florida Court of Appeal reversed the trial court’s awarding of summary judgment to the insurer because discovery was not completed. Sacramento v. Citizens Prop. Ins. Corp., 2022 Fla. App. LEXIS 4292 (Fla. Ct. App. June 22, 2022).     The insured filed a claim under the… Continue reading Awarding Insurer Summary Judgment Before Discovery Completed Reversed

Insured Survives Motion for Summary Judgment in Collapse Case

Tred R. Eyerly | Insurance Law Hawaii    The insurer’s motion to exclude expert testimony and for summary judgment in a cases involving collapse was denied. Firehouse Church Ministries v. Church Mut. Ins. Co., 2022 U.S. Dist. LEXIS 53959 (D. Miss. March 25, 2022).     A roof truss, a framework supporting the roof, collapsed in… Continue reading Insured Survives Motion for Summary Judgment in Collapse Case

Insurer’s Late Notice Defense Fails on Summary Judgment

Tred R. Eyerly | Insurance Law Hawaii     The insurer’s motion for summary judgment to dismiss the claim because the insurer did not provide notice “as soon as practicable” was denied. Vintage Hospitality Group LLC v. Nat’l Trust Ins. Co., 2021 U.S. Dist. LEXIS 192651 (M.D. Ga. Oct. 6, 2021).          Vintage owned… Continue reading Insurer’s Late Notice Defense Fails on Summary Judgment

Contractor Prevails on Summary Judgment To Establish Coverage under Subcontractor’s Policy

Tred R. Eyerly | Insurance Law Hawaii    When sued for construction defects caused by the subcontractor, the general contractor was granted summary judgment on the issue of coverage under the subcontractor’s policy. Meritage Homes of Ga. v. Grange Ins. Co., 2021 U.S. Dist. LEXIS 84591 (N.D. Ga. March 23, 2021).      Meritage built… Continue reading Contractor Prevails on Summary Judgment To Establish Coverage under Subcontractor’s Policy

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