Tred R. Eyerly | Insurance Law Hawaii The court granted the insurer’s motion for summary judgment based upon the insured’s failure to allow the insurer to inspect damaged personal property . Ansah v Nationwide Prop. and Cas. Ins. Co., 2024 U.S. Dist. LEXIS 151472 (S. D. Texas Aug. 23, 2024). The insureds… Continue reading Insured’s Failure to Cooperate Dooms Claim
Tag: Summary Judgment
Insured’s Collapse Claim Survives Summary Judgment
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
Navigating Legal Minefields: Pitfalls to Avoid When Seeking Summary Judgment
Holly Olarczuk-Smith, Esq. | Burns White In the realm of civil litigation, summary judgment motions are powerful tools that can significantly shape the outcome of a case. However, navigating the complexities of summary judgment requires careful attention to detail and adherence to procedural rules and court scheduling orders. Failure to comply with these rules and… Continue reading Navigating Legal Minefields: Pitfalls to Avoid When Seeking Summary Judgment
Insurer’s Motion for Summary Judgment on Faulty Workmanship Denied
Tred R. Eyerly | Insurance Law Hawaii The court found that the insurer failed to meet its burden on summary judgment seeking a judgment that faulty workmanship precluded coverge. Auto-Owners Ins., Co. v. AAA Discount Homes, LLC, 2024 U.S. Dist. LEXIS 48463 (S.D. Ga. March 19, 2024). Heather Way sued AAA Discount… Continue reading Insurer’s Motion for Summary Judgment on Faulty Workmanship Denied
Court Finds Matching of Damaged Materials is Required by Policy
Tred R. Eyerly | Insurance Law Hawaii The court granted, in part, the insured’s motion for summary judgment by finding that matching roof tiles were required under the policy. Bertisen v. Travelers Home and Marine Ins. Co., 2024 U.S. Dist. LEXIS 3907 (D. Colo. Jan. 8, 2024). The insureds sued Travelers for breach… Continue reading Court Finds Matching of Damaged Materials is Required by Policy