Tred R. Eyerly | Insurance Law Hawaii The court denied cross-motions from the insured and the insurer after the insured’s dwelling suffered a collapse of the ceiling. Simons v. Fed. Ins. Co., 2025 U.S. Dist. LEXIS 75839 (C.D. Cal. March 4, 2025). Gary Simons bought a second home located in Park City,… Continue reading Cross-Motions for Summary Judgment Denied in Collapse Claim
Tag: Collapse
Collapse Claim Denied After Insured’s Failure to Meet Suit Limitation Deadline
Tred R. Eyerly | Insurance Law Hawaii The insured’s claim for collapse of a building was denied after failing to file suit within the two-year limitation set forth in the policy. 94 Broad Street, LLC v. The Hartford Financial Services Group, Inc., 2025 Conn. Super. LEXIS 112 (Conn. Super. Ct. Jan. 24, 2025). … Continue reading Collapse Claim Denied After Insured’s Failure to Meet Suit Limitation Deadline
Insureds’ Not Entitled to Recovery for Partial Collapse
Tred R. Eyerly | Insurance Law Hawaii The Sixth Circuit affirmed the District Court’s decision that the insureds could not recover for a partial collapse of a wall. Builders Mut. Ins. Co. v. GCC Construction, LLC, 2024 U.S. App. LEXIS 31518 (6th Cir. Dec. 11, 2024). Tahini Main Street bought a century-old building… Continue reading Insureds’ Not Entitled to Recovery for Partial Collapse
Insured’s Collapse Claim Survives Summary Judgment
Tred R. Eyerly | Insurance Law Hawaii The insurer’s motion for summary judgment seeking to dispose of the insured’s claim for collapse was denied. Life Skills, Inc. v. Harleysville Ins. Co., 2024 U.S. Dist. LEXIS 143658 (D. Mass. Aug. 13, 2024). Life Skills was a non-profit social service agency providing residential and day… Continue reading Insured’s Collapse Claim Survives Summary Judgment
Does a Sagging Floor Constitute a “Collapse”? Court Finds Ambiguity in “Collapse.”
Joshua Tumen and Paul Ferland | The Property Insurance Law Observer In Life Skills, Inc. v. Harleysville Insurance Company, 2024 WL 3792261 (D. Mass. 2024), the District Court of Massachusetts found that “collapse” provisions within a commercial property policy were ambiguous where a floor merely sagged without completely falling to the ground. Background The plaintiff-insured provided… Continue reading Does a Sagging Floor Constitute a “Collapse”? Court Finds Ambiguity in “Collapse.”