J. Kent Crocker | PropertyCasualtyFocus The Eleventh Circuit Court of Appeals, in M&M Sisters LLC v. Scottsdale Insurance Co., affirmed the district court’s dismissal of an insured’s third amended complaint against its insurance carrier for failure to state a claim for relief without further leave to amend. The plaintiffs, M&M Sisters LLC and its two owners… Continue reading Eleventh Circuit Affirms Dismissal of First-Party Property Complaint for Failure to Meet Pleading Standard
Category: Insurance
Does a Water Backup Exclusion Include Sewage?
Jordan R. Plitt | Claims Journal Standard property policies typically contain an exclusion which provides that the insurer “will not pay for loss or damage caused directly or indirectly by . . . water that backs up or overflows from a sewer, drain, or sump.” A reasonable reading of that language would likely include within… Continue reading Does a Water Backup Exclusion Include Sewage?
Contractors Should be Aware of Homeowner Duties When Invited to Perform Residential Work
Joshua Lane | Ahlers Cressman & Sleight Division 2 of the Court of Appeals[1] recently addressed a property owner’s liability to a contractor who is injured performing work on their property. The action arose from an incident in which Virgil Mihaila, a remodeling contractor, fell from a ladder while installing a new roof on the Troths’… Continue reading Contractors Should be Aware of Homeowner Duties When Invited to Perform Residential Work
Misrepresentation by Insured? It’s Complicated, Florida Appeals Court Rules
William Rabb | Insurance Journal Proving that an insured misrepresented the extent of damage from a storm may have just become a little more complicated for Florida insurance companies. Florida’s 5th District Court of Appeals last week reversed a trial court’s summary judgment order, which found that a homeowner in Orlando had made false statements about… Continue reading Misrepresentation by Insured? It’s Complicated, Florida Appeals Court Rules
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