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

No Coverage For Claims Made Outside Of Claims-Made Policy Period

Thomas Benjamin Boley | Wiley Rein The United States District Court for the Northern District of Illinois, applying Illinois law, has granted a legal professional liability insurer’s motion for summary judgment, holding that its claims-made policy did not apply to various claims that were first made either before or after the policy period. Twin City Fire… Continue reading No Coverage For Claims Made Outside Of Claims-Made Policy Period

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