Vermont Supreme Court Reverses, Finding No Coverage for Collapse

Tred R. Eyerly | Insurance Law Hawaii     The Vermont Supreme Court reversed the trial court’s decision for collapse coverage. Commercial Constr. Endeavors, Inc. v. Ohio Sec. Ins. Co., 2019 Vt. LEXIS 173 (Vt. Sup. Ct. Dec. 13,2019).     Commercial Construction Endeavors, Inc. (CCE) built a livestock barn. By late December 2014, the barn… Continue reading Vermont Supreme Court Reverses, Finding No Coverage for Collapse

Collapse of Breezeway Attached to Building Covered

Tred R. Eyerly | Insurance Law Hawaii     The federal district court found that a breezeway that collapsed during a party was covered by the commercial property policy. DENC, LLC v. Philadelphia Indem. Ins. Co., 2019 U.S. Dist. LEXIS 179083 (M.D. N.C. Oct. 15, 2019).     DENC owned an apartment complex that was insured by… Continue reading Collapse of Breezeway Attached to Building Covered

Connecticut Answers Critical Questions Regarding Scope of Collapse Coverage in Homeowners Policies in Insurers’ Favor

Traub Lieberman Nationwide, homeowners’ insurers routinely face foundation wall collapse claims. But in Connecticut, where at least 30,000 homes are believed to have been constructed in the 1980s and 1990s with defective concrete, the scope of homeowners insurance for collapse claims has been a closely watched issue. In Jemiola v. Hartford Casualty Insurance Co., 2019 WL… Continue reading Connecticut Answers Critical Questions Regarding Scope of Collapse Coverage in Homeowners Policies in Insurers’ Favor

Insurer’s Attempt to Strike Experts in Collapse Case Fails

Tred R. Eyerly | Insurance Law Hawaii   The insurer’s efforts to exclude two of the insured’s experts in a collapse case were unsuccessful. Hudon Specialty Ins. Co. v. Talex Enterprises, LLC, 2019 U.S. Dist. LEXIS 150148 (S.D. Miss. Sept. 4, 2019).     The insureds’ building collapsed. The remaining portions of the building required immediate… Continue reading Insurer’s Attempt to Strike Experts in Collapse Case Fails

Court Denies Insurer’s Motion to Dismiss Collapse Claim

Tred R. Eyerly | Insurance Law Hawaii    Facing yet another collapse claim based upon alleged poorly mixed cement, the Federal District Court in Connecticut denied the insurer’s motion to dismiss. Oliveria v. Safeco Ins Co., 2019 U.S. Dist. LEXIS 147256 (D. Conn. Aug. 29, 2019).     In 1993, the insureds’ purchased their home that… Continue reading Court Denies Insurer’s Motion to Dismiss Collapse Claim

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