Tred R. Everly | Insurance Law Hawaii | May 22, 2017 The federal district court found that the insurers could not escape coverage by summary judgment under their all risk policies. Eagle Harbour Condo Ass’n v. Allstate Ins. Co., 2017 U.S. Dist. LEXIS 54761 (W.D. Wash. April 10, 2017). Eagle Harbour Condominium Association sued several of… Continue reading Court Denies Insurers’ Motions for Summary Judgment Under All Risk Policies
Tag: Summary Judgment
Summary Judgment May Be Appropriate When Insured Fails to Take Reasonable Measures to Prevent Property Damage
Michael Henry | Property Insurance Law Observer | August 4, 2016 Many first party property insurance policies exclude claims for water damage that occurs when the insured premises is left vacant or unoccupied, unless the insured has used reasonable care to prevent such losses. In litigation challenging the denial of such claims, whether or not… Continue reading Summary Judgment May Be Appropriate When Insured Fails to Take Reasonable Measures to Prevent Property Damage
New Jersey Court Rejects Theory of Spoliation by Encouragement
Richard C. Bennett | Cozen O’Connor | November 24, 2015 Three years out, Superstorm Sandy litigation continues to wend its way through New Jersey’s courts. Last weekend, a federal judge in the state handed a victory to the insurer in Stiso v. State Farm Fire & Cas. Co., 2015 U.S. Dist. LEXIS 155762, 2015 WL 7296081… Continue reading New Jersey Court Rejects Theory of Spoliation by Encouragement
Investigation Took Over a Year but Court Finds There Was No Bad Faith
Brandee Bower | Property Insurance Coverage Law Blog | November 2, 2015 There is a new case out of Pennsylvania where the insurance company took over a year to investigate and finally denied the claim but the court found there was no bad faith. Reported cases are great to read and provide an education how… Continue reading Investigation Took Over a Year but Court Finds There Was No Bad Faith