Tred R. Eyerly | Insurance Law Hawaii The insurer’s motion for summary judgment on the insured’s collapse claim was partially granted, but mostly denied. LDG Rentals, LLC v. Western World Ins. Co., 2025 U.S. Dist. LEXIS 117063 (D. Kan. June 18, 2025). LDG Rentals, LLC purchased a two-story, 125 year old building.… Continue reading Insurers’ Motion for Summary Judgment on Collapse Claim Granted in Part, Denied in Part
Tag: insurance
Oregon Supreme Court Provides Much-Needed Clarity on the State’s Law Regarding Whether Damage from Construction Defect Constitutes An “Occurrence”
Ali H. Jamwal | Saxe Doernberger & Vita The Supreme Court of Oregon recently ruled that a general contractor’s tort liability for its defective work may constitute a covered “occurrence” within the meaning of the ISO commercial general liability (“CGL”) policy, providing much needed clarity on the issue under Oregon law.[1] However, property damage arising solely… Continue reading Oregon Supreme Court Provides Much-Needed Clarity on the State’s Law Regarding Whether Damage from Construction Defect Constitutes An “Occurrence”
Court Interprets “Completion” of a Project Under Builder’s Risk Insurance
Joshua Tumen | Cozen O’Connor In Luke, Inc. v. Berkley National Insurance Company, 2025 WL 2210783 (W.D. Tenn. 2025), the United States District Court for the Western District of Tennessee determined that the “completion” of a construction project for purposes of coverage under a builder’s risk policy concerned the permanent physical elements of the structure, and… Continue reading Court Interprets “Completion” of a Project Under Builder’s Risk Insurance
The Contingent Duty to Indemnify
Timothy P. Law | Reed Smith An insurance company’s defense obligation carries with it a conditional obligation to indemnify in the event the policyholder is held liable for a claim covered by the policy. When a case is resolved by settlement, prior to findings of fact on which an analysis of coverage could be based,… Continue reading The Contingent Duty to Indemnify
Insurer’s Attempt to Challenge Appraisal Award Rejected
Tred R. Eyerly | Insurance Law Hawaii The insurer’s challenge to an appraisal award was rejected by the federal district court. Bogaerts v. State Farm Fire and Cas. Co., 2025 U.S. Dist. LEXIS 102170 (E.D. Mich. May 29, 2025). The plaintiffs’ home was destroyed by fire. State Farm was notified of the… Continue reading Insurer’s Attempt to Challenge Appraisal Award Rejected