Tred R. Eyerly | Insurance Law Hawaii The court granted summary judgment to the insureds, finding they were not responsible for a water leak from a drain valve on the tenth floor of the building. Charter Oak Fire Ins. Co. v. Bremermann Mech., Inc., et al., 2025 U.S. Dist. LEXIS 59871 (E.D. La. March… Continue reading Insureds Prevail on Summary Judgment Addressing Responsibility for Water Leak
Category: Insurance
Noncompliance With Policy’s “Duties After Loss” Provision Leads to Denial of Fire Loss Claim
Lauren Berenbaum | Property Insurance Law Observer In Caribe D. Billie v. Plymouth Rock Assurance Corp. et al, the U.S. District Court for the District of Connecticut granted Plymouth Rock Assurance Corp.’s (“Insurer”) motion for summary judgment, holding that the Insurer was prejudiced by its insured’s failure to cooperate with the Policy’s “Duties After Loss” provision.… Continue reading Noncompliance With Policy’s “Duties After Loss” Provision Leads to Denial of Fire Loss Claim
The Importance of Indemnification Clauses in Managing Post-Completion Project Risk
Catherine Moronski | Robinson + Cole Claims against design professionals often pose unique challenges when such claims are dually rooted in both tort and contract theories, and therefore subject to competing time limitations. To reconcile these differences, Massachusetts courts have historically looked to the “gist” of a given claim, rather than the label, to assess… Continue reading The Importance of Indemnification Clauses in Managing Post-Completion Project Risk
Mold, Water Damage & Fire Claims: The ‘Excluded Perils’ Clause That Can Ruin Your Payout
Eduardo A. Maura | Ayala Law Dealing with property damage is stressful enough. Whether it’s mold creeping through your walls, water damage from a busted pipe, or the aftermath of a fire, homeowners and property owners turn to insurance to help them recover. But then comes the surprise: the insurance company denies your claim, citing… Continue reading Mold, Water Damage & Fire Claims: The ‘Excluded Perils’ Clause That Can Ruin Your Payout
Homeowner Allowed to Amend Complaint to Demonstrate Third-Party Beneficiary Status Under Lender-Placed Policy
Tred R. Eyerly | Insurance Law Hawaii The homeowner’s complaint was improperly dismissed without leave to amend to demonstrate she was a third-party beneficiary of a lender-placed policy on her home. Williams v. Integon Nat’l Ins. Co., 2025 U.S. App LEXIS 6919 (5th Cir. March 25, 2025). Ellen Williams purchased a home… Continue reading Homeowner Allowed to Amend Complaint to Demonstrate Third-Party Beneficiary Status Under Lender-Placed Policy