What is a Collapse? Crumbling Concrete Case is Catalyst for Coverage Query Certified to State Supreme Court

Verne Pedro | Property Insurance Coverage Law Blog | May 29, 2018 Recognizing the public policy implications of an unsettled, recurring coverage issue involving crumbling concrete foundations in thousands of Connecticut homes, U.S. District Court Judge Stefan Underhill recently certified the following insurance coverage question to the Supreme Court of Connecticut: What constitutes a “substantial… Continue reading What is a Collapse? Crumbling Concrete Case is Catalyst for Coverage Query Certified to State Supreme Court

“Ordinance or Law” Provision Mandates Coverage for Roof Repair

Tred R. Eyerly | Insurance Law Hawaii | April 23, 2018 The Tennessee Court of Appeals found that the insured was entitled to coverage under the policy’s  “ordinance or law” provision for repairs to prevent a future collapse of both the damaged and undamaged portions of the building. Jefferson Cnty. Schools v. Tenn. Risk Mgmt. Trust,… Continue reading “Ordinance or Law” Provision Mandates Coverage for Roof Repair

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

No Coverage for Building’s First Collapse, But Disputed Facts on Second Collapse

Tred R. Eyerly | Insurance Law Hawaii | January 3, 2018 While building’s first collapse was not covered, there were disputed facts regarding the second collapse, leading to a reversal of the order granting summary judgment to the insurer on both collapses. Intergroup Int’l Ltd. v. Cincinnati Ins. Cos, 2017 Ohio app. LEXIS 5099 (Ohio Ct.… Continue reading No Coverage for Building’s First Collapse, But Disputed Facts on Second Collapse

Homeowner’s Claim for Collapse Survives Summary Judgment

Tred Eyerly | Insurance Law Hawaii | September 18, 2017 The insurer failed to present adequate evidence on summary judgment that damage caused by the collapse of a swimming pool was not covered. Klein v. State Farm Ins. Co., 2017 N.Y. Misc. LEXIS 3030 (Sup. Ct. N.Y. July 11, 2017). Klein notified State Farm that his… Continue reading Homeowner’s Claim for Collapse Survives Summary Judgment

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