Tag: Summary Judgment

Insurer’s Motion for Summary Judgment to Reject Collapse Coverage Denied

Tred R. Eyerly | Insurance Law Hawaii | September 9, 2019     The insurer unsuccessfully moved for summary judgment seeking to reject the insured’s collapse claim. Gnannn v. United Servs. Auto, Ass’n, 2019 Conn. Super. LEXIS 1955 (Conn. Super Ct. July 11, 2019).     The insureds’ home was built in 1985 and they purchased… Continue reading Insurer’s Motion for Summary Judgment to Reject Collapse Coverage Denied

Insurer Not Entitled to Summary Judgment on Construction Defect, Bad Faith Claims

Tred R. Eyerly | Insurance Law Hawaii | August 12, 2019     The federal district court denied the insurer’s motion for summary judgment seeking to establish there was no coverage for construction defect claims and for bad faith. Country Mut. Ins. Co. v. AAA Constr. LLC, 2019 U.S. Dist. LEXIS 115935 (W.D. Okla. July 12,… Continue reading Insurer Not Entitled to Summary Judgment on Construction Defect, Bad Faith Claims

English v. RKK. . . The Saga Continues

Christopher G. Hill | Construction Law Musings | September 18, 2019 Remember back in 2018 when I thought I’d told you the end of the English Construction story regarding its various consultants, etc.?  I was wrong.  The matter went up on appeal to the 4th Circuit Court of Appeals where the Appeals Court considered the summary judgment granted to… Continue reading English v. RKK. . . The Saga Continues

Ninth Circuit Reverses Grant of Summary Judgment to Insurer For Fortuitous Loss

Tred R. Eyerly | Insurance Law Hawaii | May 15, 2019     The Ninth Circuit reversed the district court’s issuance of summary judgment regarding coverage for damages when the insured’s plant had to be shut down due to an accident. Ingenco Holdings, LLC v. Ace American Ins. Co., 2019 U.S. App. LEXIS 10946 (9th Cir.… Continue reading Ninth Circuit Reverses Grant of Summary Judgment to Insurer For Fortuitous Loss

Coyness is Nice. Just Not When Seeking a Default Judgment

Garret Murai | California Construction Law Blog | February 4, 2019 As Morrissey of the Smith’s sang: Coyness is nice, but Coyness can stop you, from saying all the things in life you’d like to. It’s not uncommon in litigation to see a complaint asking for “damages according to proof.” Call it laziness. Call it hiding the ball.… Continue reading Coyness is Nice. Just Not When Seeking a Default Judgment