David R. Cook, Jr. | Autry, Hall & Cook, LLP | December 29, 2018 During a storm, a tree landed on a homeowners house causing damage to the home’s foundation. Homeowners filed a claim on their homeowners insurance policy to recover the resulting damages. After homeowners and insurance company could not come to an agreement… Continue reading Court Addresses Damages Under Homeowners Insurance Policy
Category: Insurance Coverage
Eighth Circuit Affirms Judgment for Bad Faith after Insured’s Home Destroyed by Fire
Tred R. Eyerly | Insurance Law Hawaii | December 19, 2018 The Eighth Circuit affirmed the district court’s judgment that the insurer acted in bad faith when it denied the insured’s claim based upon misrepresentations in the application after destruction of his house by fire. Hayes v. Metropolitan Pro. and Cas. Ins. Co., 2018… Continue reading Eighth Circuit Affirms Judgment for Bad Faith after Insured’s Home Destroyed by Fire
Inability to Confirm Coverage Supports Setting Aside Insured’s Default Judgment on Grounds of Extrinsic Mistake
Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel | December 17, 2018 In Mechling v. Asbestos Defendants (No. A150132, filed 12/11/18), a California appeals court affirmed the trial court’s grant of an insurer’s motion to set aside default judgments entered against its defunct insured pursuant to the trial court’s inherent, equitable power to set… Continue reading Inability to Confirm Coverage Supports Setting Aside Insured’s Default Judgment on Grounds of Extrinsic Mistake
New York State Trial Court Addresses “Trigger of Coverage” for Asbestos Claims and Other Coverage Issues
Paul Briganti | Complex Insurance Coverage Reporter | December 12, 2018 On November 21, 2018, the New York Supreme Court, Onondaga County, issued a summary-judgment ruling on a number of coverage issues arising from asbestos-related bodily injury claims against plaintiffs Carrier Corporation (Carrier) and Elliott Company (Elliott). See Carrier Corp., et al. v. Travelers Indem. Co.,… Continue reading New York State Trial Court Addresses “Trigger of Coverage” for Asbestos Claims and Other Coverage Issues
Two Things to Consider Before Making Warranty Repairs
David McLain | Colorado Construction Litigation | December 13, 2018 In my last article: “What a construction defect ‘win’ looks like for a builder,” I made the point that builders should go to great lengths to work with homeowners to resolve legitimate problems through the entire statute of repose, in order to prevent the homeowners… Continue reading Two Things to Consider Before Making Warranty Repairs