No Coverage for Building’s First Collapse, But Disputed Facts on Second Collapse

Tred R. Eyerly | Insurance Law Hawaii | January 3, 2018 While building’s first collapse was not covered, there were disputed facts regarding the second collapse, leading to a reversal of the order granting summary judgment to the insurer on both collapses. Intergroup Int’l Ltd. v. Cincinnati Ins. Cos, 2017 Ohio app. LEXIS 5099 (Ohio Ct.… Continue reading No Coverage for Building’s First Collapse, But Disputed Facts on Second Collapse

Homeowner’s Claim for Collapse Survives Summary Judgment

Tred Eyerly | Insurance Law Hawaii | September 18, 2017 The insurer failed to present adequate evidence on summary judgment that damage caused by the collapse of a swimming pool was not covered. Klein v. State Farm Ins. Co., 2017 N.Y. Misc. LEXIS 3030 (Sup. Ct. N.Y. July 11, 2017). Klein notified State Farm that his… Continue reading Homeowner’s Claim for Collapse Survives Summary Judgment

Collapse of Improperly Built Deck Not An Occurrence

Tred Eyerly | Insurance Law Hawaii | August 16, 2017 The court found that the insured’s faulty construction of an outside deck did not arise from an occurrence. Employers Mut. Cas. Co. v. West, 2017 U.S. Dist. LEXIS 113951 (N.D. Miss. July 21, 2017). D.L. Action Construction Company (DLA) constructed multifamily dwellings. They were sued by… Continue reading Collapse of Improperly Built Deck Not An Occurrence

Court Finds That Split in Underground Storage Tank is Not a Covered Collapse

Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel LLP | July 5, 2017 In Tustin Field Gas & Food v. Mid-Century Ins. Co. (No. B268850, filed 7/3/17), a California appeals court ruled that a split in an underground storage tank, caused by the tank sitting on a rock for years, was not a covered… Continue reading Court Finds That Split in Underground Storage Tank is Not a Covered Collapse

Collapse Claim Highlights the Importance of Retaining Experts Early in the Claim Process

Kevin Pollack | Property Insurance Coverage Law Blog | April 12, 2017 A recent case filed in the Western District of Texas highlights the importance of retaining experts to assist in evaluating the cause of loss early in the claim process. In White Lodging Services Corporation et al v. Liberty Mutual Fire Insurance Company,1a hotel… Continue reading Collapse Claim Highlights the Importance of Retaining Experts Early in the Claim Process