Tred R. Eyerly | Insurance Law Hawaii | January 22, 2018 Although the court concluded that the policy covered a loss caused by the weight of snow, disputed facts as to the cause of the collapse led to the denial of cross-motions for summary judgment. Freeway Drive Inv., LLC v Employers Mut. Cas. Co., 2017 U.S… Continue reading Disputed Facts on Cause of Collapse Results in Denied Cross-Motions for Summary Judgment
Tag: Advise & Consult
Certified Copy of the Policy…To the Best of Our Knowledge
Christina Phillips | Property Insurance Coverage Law Blog | February 3, 2018 TO THE BEST OF OUR KNOWLEDGE. . . When determining if there is coverage for a claim, the first document attorneys, homeowners, and adjusters will look at is the policy. We often instruct adjusters or homeowners to request a certified copy of the… Continue reading Certified Copy of the Policy…To the Best of Our Knowledge
A Promise to Pay Doesn’t Extend Lien Deadlines
Stan Martin | Commonsense Construction Law | January 24, 2018 Mechanic’s lien rights arise from the laws of each state; there is no common-law right to unilaterally lien someone else’s property. As such, compliance with statutory requirements and deadlines is paramount. Thus, when an owner promised to pay a sub, and the sub elected not… Continue reading A Promise to Pay Doesn’t Extend Lien Deadlines
Not Every Refusal to Provide Coverage Equals Bad Faith
Cheryl D. Shoun | Nexsen Pruet | January 30, 2018 A complicated and interesting factual history, along with a number of actions, including an earlier one for declaratory judgment, resulted in a thoughtful and reasoned opinion of the United States District Court for South Carolina. Agape Senior Primary Care, Inc. v. Evanston Insurance Company 2018 WL 490386… Continue reading Not Every Refusal to Provide Coverage Equals Bad Faith
Louisiana Appellate Court Affirms Summary Judgment For Insurer Where Damage Manifested After Policy Period
Phelps Dunbar LLP | January 30, 2018 A Louisiana court of appeal affirmed a grant of summary judgment in favor of an insurer where the alleged damage did not manifest during the policy periods. Crosstex Energy Servs., LP v. Texas Brine Co., LLC, 2017-0863 (La. App. 1 Cir. 12/21/17). The insured, operator of an underground salt… Continue reading Louisiana Appellate Court Affirms Summary Judgment For Insurer Where Damage Manifested After Policy Period