Tred R. Eyerly | Insurance Law Hawaii | July 23, 2018 The Third Circuit upheld the district court’s order granting summary judgment in favor of the insurer on a claim seeking coverage for construction defects. Lenick Constr. v. Selective Way Ins. Co., 2018 U.S. App. LEXIS 15197 (3d Cir. June 6, 2018). Westrum was the general… Continue reading Insurer’s Summary Judgment Motion to Reject Claim for Construction Defects Upheld
Tag: Summary Judgment
Battle of Experts Cannot Be Decided on Summary Judgment
Tred R. Eyerly | Insurance Law Hawaii | June 6, 2018 When two competing experts disagreed on the cause of the loss, the trial court erred in granting summary judgment to the insurer. Garcia v. Firs Community Ins. Co., Fla. App. LEXIS 4237 (Fla. Ct. App. March 28, 2018). Garcia, the homeowner, discovered water damage in… Continue reading Battle of Experts Cannot Be Decided on Summary Judgment
Insurer Must Defend Contractor Against Claims of Faulty Workmanship
Tred R. Eyerly | Insurance Law Hawaii | May 21, 2018 The magistrate judge recommended that the insurer’s motion for summary judgment seeking to determine there was no coverage for claims of faulty workmanship be denied. Greystone Multi-Family Builders v. Gemini Ins. Co., 2018 U.S. Dist. LEXIS 56770 (S.D. Tex. Feb. 26, 2018). TPG (Post Oak)… Continue reading Insurer Must Defend Contractor Against Claims of Faulty Workmanship
Appellate Court Reverses Summary Judgment Where Battle of Experts Created a Jury Question
Erin Dunnavant | Property Insurance Coverage Law Blog | May 7, 2018 Generally, in Florida, when there is a difference of opinions between each party’s expert, the jury gets to decide who’s right, not the judge. But there has been a trend by insurance companies in the first-party property context of taking their expert’s report… Continue reading Appellate Court Reverses Summary Judgment Where Battle of Experts Created a Jury Question
Disputed Facts on Cause of Collapse Results in Denied Cross-Motions for Summary Judgment
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