David Adelstein | Florida Construction Legal Updates Is the enforceability of a no-damage-for-delay provision inappropriate for resolution on a summary judgment? The recent decision in U.S. f/u/b/o Kingston Environmental Services, Inc. v. David Boland, Inc., 2019 WL 6178676 (D. Hawaii 2019), dealing with Florida law, suggests that it is inappropriate for a summary judgment resolution, particularly when there is… Continue reading Is the Enforceability of a No-Damage-for-Delay Provision Inappropriate for Summary Judgment
Tag: Summary Judgment
Insurer Granted Summary Judgment on Denial of Construction Defect Claim
Tred R. Eyerly | Insurance Law Hawaii The court granted the insurer’s motion for summary judgment, confirming there was no duty to defend or indemnify a construction defect claim against the insured. Fontaine Bros. v. Acadia Ins. Co., 2019 U.S. Dist. LEXIS 148056 (D. Mass. Aug. 29, 2019). The City of Worcester… Continue reading Insurer Granted Summary Judgment on Denial of Construction Defect Claim
Insurer Awarded Summary Judgment on Collapse Claim
Tred R. Eyerly | Insurance Law Hawaii The Eleventh Circuit agreed with the insurer that there was no coverage for a collapse under the policy. S.O. Beach Corp. v. Great Am. Ins. Co.,2019 U.S. App. LEXIS 32569 (11th Cir. Oct. 31, 2019). S.O. Beach Corporation and Larios on the Beach, Inc (“Larios”) owned… Continue reading Insurer Awarded Summary Judgment on Collapse Claim
Insurer’s Motion for Summary Judgment to Reject Collapse Coverage Denied
Tred R. Eyerly | Insurance Law Hawaii | September 9, 2019 The insurer unsuccessfully moved for summary judgment seeking to reject the insured’s collapse claim. Gnannn v. United Servs. Auto, Ass’n, 2019 Conn. Super. LEXIS 1955 (Conn. Super Ct. July 11, 2019). The insureds’ home was built in 1985 and they purchased… Continue reading Insurer’s Motion for Summary Judgment to Reject Collapse Coverage Denied
Insurer Not Entitled to Summary Judgment on Construction Defect, Bad Faith Claims
Tred R. Eyerly | Insurance Law Hawaii | August 12, 2019 The federal district court denied the insurer’s motion for summary judgment seeking to establish there was no coverage for construction defect claims and for bad faith. Country Mut. Ins. Co. v. AAA Constr. LLC, 2019 U.S. Dist. LEXIS 115935 (W.D. Okla. July 12,… Continue reading Insurer Not Entitled to Summary Judgment on Construction Defect, Bad Faith Claims