David Adelstein | Florida Construction Legal Updates This is short article on summary judgments. A motion for summary judgment, as you may already know, is a procedural vehicle to try to dispose of issues or claims in a lawsuit, either partially or fully. The objective is that the moving party claims that there is no genuine issue of material fact and… Continue reading “Genuine” Issue of “Material” Fact and Summary Judgments
Tag: Summary Judgment
Insured’s Failure to Challenge Trial Court’s Application of Exclusion Makes Appeal Futile
Tred R. Eyerly | Insurance Law Hawaii The Texas Court of Appeals affirmed the trial court’s granting of summary judgment to the insurer because the appeal failed to challenge the exclusion under which the insurer found no coverage. Sosa v. Auto Club Indemn. Co., 2022 Tex. App. LEXIS 6520 (Tex. Ct. App. Aug. 30,… Continue reading Insured’s Failure to Challenge Trial Court’s Application of Exclusion Makes Appeal Futile
Insurer’s Motion for Summary Judgment on Business Interruption Claim Denied
Tred R. Eyerly | Insurance Law Hawaii The insurer’s motion to cap a potential business interruption claim after the insured failed to provide documentation was denied. Lake Charles Instruments Inc. v. Scottsdale Ins. Co., 2022 U.S. Dist. LEXIS 116802 (W.D. La. July 2, 2022). Plaintiff operated a business that was damaged during… Continue reading Insurer’s Motion for Summary Judgment on Business Interruption Claim Denied
Awarding Insurer Summary Judgment Before Discovery Completed Reversed
Tred R. Eyerly | Insurance Law Hawaii The Florida Court of Appeal reversed the trial court’s awarding of summary judgment to the insurer because discovery was not completed. Sacramento v. Citizens Prop. Ins. Corp., 2022 Fla. App. LEXIS 4292 (Fla. Ct. App. June 22, 2022). The insured filed a claim under the… Continue reading Awarding Insurer Summary Judgment Before Discovery Completed Reversed
Insured Survives Motion for Summary Judgment in Collapse Case
Tred R. Eyerly | Insurance Law Hawaii The insurer’s motion to exclude expert testimony and for summary judgment in a cases involving collapse was denied. Firehouse Church Ministries v. Church Mut. Ins. Co., 2022 U.S. Dist. LEXIS 53959 (D. Miss. March 25, 2022). A roof truss, a framework supporting the roof, collapsed in… Continue reading Insured Survives Motion for Summary Judgment in Collapse Case