Tred R. Eyerly | Insurance Law Hawaii The insurer’s motion for summary judgment seeking to dispose of the insured’s claim for collapse was denied. Life Skills, Inc. v. Harleysville Ins. Co., 2024 U.S. Dist. LEXIS 143658 (D. Mass. Aug. 13, 2024). Life Skills was a non-profit social service agency providing residential and day… Continue reading Insured’s Collapse Claim Survives Summary Judgment
Tag: Collapse
Does a Sagging Floor Constitute a “Collapse”? Court Finds Ambiguity in “Collapse.”
Joshua Tumen and Paul Ferland | The Property Insurance Law Observer In Life Skills, Inc. v. Harleysville Insurance Company, 2024 WL 3792261 (D. Mass. 2024), the District Court of Massachusetts found that “collapse” provisions within a commercial property policy were ambiguous where a floor merely sagged without completely falling to the ground. Background The plaintiff-insured provided… Continue reading Does a Sagging Floor Constitute a “Collapse”? Court Finds Ambiguity in “Collapse.”
Collapse Claim Fails Due To Defectively Designed Roof and Deck
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
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