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: Collapse
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