Christopher G. Hill | Construction Law Musings | September 18, 2019 Remember back in 2018 when I thought I’d told you the end of the English Construction story regarding its various consultants, etc.? I was wrong. The matter went up on appeal to the 4th Circuit Court of Appeals where the Appeals Court considered the summary judgment granted to… Continue reading English v. RKK. . . The Saga Continues
Tag: Summary Judgment
Ninth Circuit Reverses Grant of Summary Judgment to Insurer For Fortuitous Loss
Tred R. Eyerly | Insurance Law Hawaii | May 15, 2019 The Ninth Circuit reversed the district court’s issuance of summary judgment regarding coverage for damages when the insured’s plant had to be shut down due to an accident. Ingenco Holdings, LLC v. Ace American Ins. Co., 2019 U.S. App. LEXIS 10946 (9th Cir.… Continue reading Ninth Circuit Reverses Grant of Summary Judgment to Insurer For Fortuitous Loss
Coyness is Nice. Just Not When Seeking a Default Judgment
Garret Murai | California Construction Law Blog | February 4, 2019 As Morrissey of the Smith’s sang: Coyness is nice, but Coyness can stop you, from saying all the things in life you’d like to. It’s not uncommon in litigation to see a complaint asking for “damages according to proof.” Call it laziness. Call it hiding the ball.… Continue reading Coyness is Nice. Just Not When Seeking a Default Judgment
Insurer’s Summary Judgment Motion to Reject Claim for Construction Defects Upheld
Tred R. Eyerly | Insurance Law Hawaii | July 23, 2018 The Third Circuit upheld the district court’s order granting summary judgment in favor of the insurer on a claim seeking coverage for construction defects. Lenick Constr. v. Selective Way Ins. Co., 2018 U.S. App. LEXIS 15197 (3d Cir. June 6, 2018). Westrum was the general… Continue reading Insurer’s Summary Judgment Motion to Reject Claim for Construction Defects Upheld
Battle of Experts Cannot Be Decided on Summary Judgment
Tred R. Eyerly | Insurance Law Hawaii | June 6, 2018 When two competing experts disagreed on the cause of the loss, the trial court erred in granting summary judgment to the insurer. Garcia v. Firs Community Ins. Co., Fla. App. LEXIS 4237 (Fla. Ct. App. March 28, 2018). Garcia, the homeowner, discovered water damage in… Continue reading Battle of Experts Cannot Be Decided on Summary Judgment