Tred R. Eyerly | Insurance Law Hawaii The insured’s claim for collapse of his roof and deck failed due to defective design and other exclusions under the policy. Dudar v. State Farm & Cas. Co., 2024 U.S. Dist. LEXIS 52706 (N.D. Ga. Feb. 6, 2024). The insured submitted a claim to State… Continue reading Collapse Claim Fails Due To Defectively Designed Roof and Deck
Tag: Collapse
Jury’s Verdict for Loss Caused by Collapse Overturned
Tred R. Eyerly | Insurance Law Hawaii The Florida Court of Appeal overturned the jury’s verdict findng loss caused by collapse. Universal Prop. & Cas. Ins. Co. v. Caboverde, 2023 Fla. App. LEXIS 4474 (Fla. Ct. App. June 28, 2023). The insured homeowners had two claims. One was a 2016 ceiling collapse;… Continue reading Jury’s Verdict for Loss Caused by Collapse Overturned
Coverage for Collapse Ordered on Summary Judgment
Tred R. Eyerly | Insurance Law Hawaii A collapsed floor in a restaurant was found to be covered. J&J Fish on Center Street, Inc. v. Crum & Forster Spec. Ins. Co., 2022 U.S. Dist. LEXIS 163661 (D. Wis. Sept. 12, 2022). J&J Fish rented property from Vision. Vision was obligated to… Continue reading Coverage for Collapse Ordered on Summary Judgment
Treble Damages Awarded After Insurer Denies Coverage for Collapse
Tred R. Eyerly | Insurance Law Hawaii The Fourth Circuit upheld the district court’s decision that a collapse was covered, but reversed the denial of treble damages to the insured. DENC, LLC v. Phila. Indem. Ins. Co., 2022 U.S. App. LEXIS 10443 (4th Cir. April 18, 2022). The district court decision was summarized here. … Continue reading Treble Damages Awarded After Insurer Denies Coverage for Collapse
Insured Survives Motion for Summary Judgment in Collapse Case
Tred R. Eyerly | Insurance Law Hawaii The insurer’s motion to exclude expert testimony and for summary judgment in a cases involving collapse was denied. Firehouse Church Ministries v. Church Mut. Ins. Co., 2022 U.S. Dist. LEXIS 53959 (D. Miss. March 25, 2022). A roof truss, a framework supporting the roof, collapsed in… Continue reading Insured Survives Motion for Summary Judgment in Collapse Case