Julia A. Molander | Cozen O’Connor | June 27, 2016 The Paslays sued State Farm for failing to pay a portion of the damage caused to their Pacific Palisades house by a heavy rainstorm and for forcing them to move back into the house while it was still under construction. The complaint asserted claims for… Continue reading Genuine Dispute Defeats Both Bad Faith and Elder Abuse
Tag: Summary Judgement
Insurance Coverage – Equitable Subrogation – Doctrine of Superior Equities
David L. Blinn | Low, Ball & Lynch | February 8, 2016 Equitable subrogation is most commonly employed when an insurer pays its insured for losses and then pursues an action against the wrongdoer whose wrong caused the loss paid by the insurer. This case considered whether an insurer may bring an action for equitable… Continue reading Insurance Coverage – Equitable Subrogation – Doctrine of Superior Equities
Hail Storm “Cosmetic” Damage & Direct “Physical” “Loss”
Advise & Consult, Inc. | September 3, 2015 Cosmetic damage (small dents) occurred to a metal roof resulting from a hail storm. The insurer filed a claim with its carrier, Cincinnati Ins. Co., and an insurance adjuster inspected the roof and other than the dents, there was little other evidence of damage. The estimate of… Continue reading Hail Storm “Cosmetic” Damage & Direct “Physical” “Loss”
Federal Court in Texas Grants Insurer’s Summary Judgment on Water Damage Exclusion
George B. Hall, Jr. | Phelps Dunbar LLP | June 17, 2015 A federal court in Texas granted summary judgment to an insurer based on a water damage exclusion that it did not owe coverage for damages resulting from the back-up of water or sewage from outside a plumbing system. Durrett v. Nationwide Property & Cas.… Continue reading Federal Court in Texas Grants Insurer’s Summary Judgment on Water Damage Exclusion
Bad Faith Claim for Inadequate Investigation Does Not Survive Summary Judgment
Tred Eyerly | Insurance Law Hawaii | May 18, 2015 The insured’s claim for bad faith investigation regarding their hail damage claim did not survive the insurer’s motion for summary judgment. Amarillo Hospitality Tenant, LLC v. Mass. Bay Ins. Co., 2015 U.S. Dist. LEXIS 56228 (N. D. Tex. April 29, 2015). A hailstorm caused damage to… Continue reading Bad Faith Claim for Inadequate Investigation Does Not Survive Summary Judgment