Tred R. Eyerly | Insurance Law Hawaii The insurer’s motion to dismiss was more appropriate for an eventual summary judgment motion and was consequently denied. Sivan Lam v. Scottsdale Ins. Co., 2024 U.S. Dist. LEXIS 81262 (M.D. Fla. April 12, 2024). Lam suffered a loss to her home due to Hurricane Ian.… Continue reading Insurer’s Motion to Dismiss “Redundant Claims” Denied
Tag: Declaratory Relief
Claim of Future Injury Not Basis For Declaratory Relief
Barry Zalma | Zalma on Insurance | February 5, 2016 When the Supreme Court of the state of Georgia decided State Farm Mutual Automobile Insurance Co. v. Mabry, 274 Ga. 498, 556 S.E.2d 114 (Ga. 11/28/2001) it opened the door to litigation against insurers who determined actual cash value losses by determining full replacement cost… Continue reading Claim of Future Injury Not Basis For Declaratory Relief