Traub Lieberman Nationwide, homeowners’ insurers routinely face foundation wall collapse claims. But in Connecticut, where at least 30,000 homes are believed to have been constructed in the 1980s and 1990s with defective concrete, the scope of homeowners insurance for collapse claims has been a closely watched issue. In Jemiola v. Hartford Casualty Insurance Co., 2019 WL… Continue reading Connecticut Answers Critical Questions Regarding Scope of Collapse Coverage in Homeowners Policies in Insurers’ Favor
Tag: Collapse
Insurer’s Attempt to Strike Experts in Collapse Case Fails
Tred R. Eyerly | Insurance Law Hawaii The insurer’s efforts to exclude two of the insured’s experts in a collapse case were unsuccessful. Hudon Specialty Ins. Co. v. Talex Enterprises, LLC, 2019 U.S. Dist. LEXIS 150148 (S.D. Miss. Sept. 4, 2019). The insureds’ building collapsed. The remaining portions of the building required immediate… Continue reading Insurer’s Attempt to Strike Experts in Collapse Case Fails
Court Denies Insurer’s Motion to Dismiss Collapse Claim
Tred R. Eyerly | Insurance Law Hawaii Facing yet another collapse claim based upon alleged poorly mixed cement, the Federal District Court in Connecticut denied the insurer’s motion to dismiss. Oliveria v. Safeco Ins Co., 2019 U.S. Dist. LEXIS 147256 (D. Conn. Aug. 29, 2019). In 1993, the insureds’ purchased their home that… Continue reading Court Denies Insurer’s Motion to Dismiss Collapse Claim
Connecticut Supreme Court Further Refines Meaning of “Collapse”
Tred R. Eyerly | Insurance Law Hawaii Connecticut courts have been inundated with collapse cases the past couple of years due to insureds’ living in homes that were constructed with defective concrete manufactured by J.J. Mottes Concrete Company. In a duo of cases, the Connecticut Supreme Court responded to a certified question from the… Continue reading Connecticut Supreme Court Further Refines Meaning of “Collapse”
Insured’s Leaky “Abrupt” Interpretation of All-Risk Insurance Collapses Under Eleventh Circuit Scrutiny
D. Barret Broussard | Property Casualty Focus In S.O. Beach Corp. v. Great American Insurance Company of New York, No. 18-1967 (11th Cir. Oct. 31, 2019), the Eleventh Circuit affirmed the district court’s grant of summary judgment in full to the insurer, finding there was no ambiguity in the all-risk policy’s definition of a “collapse” as… Continue reading Insured’s Leaky “Abrupt” Interpretation of All-Risk Insurance Collapses Under Eleventh Circuit Scrutiny