Tred R. Eyerly | Insurance Law Hawaii | May 21, 2018 The magistrate judge recommended that the insurer’s motion for summary judgment seeking to determine there was no coverage for claims of faulty workmanship be denied. Greystone Multi-Family Builders v. Gemini Ins. Co., 2018 U.S. Dist. LEXIS 56770 (S.D. Tex. Feb. 26, 2018). TPG (Post Oak)… Continue reading Insurer Must Defend Contractor Against Claims of Faulty Workmanship
Tag: Summary Judgment
Appellate Court Reverses Summary Judgment Where Battle of Experts Created a Jury Question
Erin Dunnavant | Property Insurance Coverage Law Blog | May 7, 2018 Generally, in Florida, when there is a difference of opinions between each party’s expert, the jury gets to decide who’s right, not the judge. But there has been a trend by insurance companies in the first-party property context of taking their expert’s report… Continue reading Appellate Court Reverses Summary Judgment Where Battle of Experts Created a Jury Question
Disputed Facts on Cause of Collapse Results in Denied Cross-Motions for Summary Judgment
Tred R. Eyerly | Insurance Law Hawaii | January 22, 2018 Although the court concluded that the policy covered a loss caused by the weight of snow, disputed facts as to the cause of the collapse led to the denial of cross-motions for summary judgment. Freeway Drive Inv., LLC v Employers Mut. Cas. Co., 2017 U.S… Continue reading Disputed Facts on Cause of Collapse Results in Denied Cross-Motions for Summary Judgment
Louisiana Appellate Court Affirms Summary Judgment For Insurer Where Damage Manifested After Policy Period
Phelps Dunbar LLP | January 30, 2018 A Louisiana court of appeal affirmed a grant of summary judgment in favor of an insurer where the alleged damage did not manifest during the policy periods. Crosstex Energy Servs., LP v. Texas Brine Co., LLC, 2017-0863 (La. App. 1 Cir. 12/21/17). The insured, operator of an underground salt… Continue reading Louisiana Appellate Court Affirms Summary Judgment For Insurer Where Damage Manifested After Policy Period
1st Circuit Pending Appeal – Construction Contract Defenses & Miller Act
Katherine E. Kohm | The Dispute Resolver | September 26, 2017 In Endicott Constructors Corp. v. E. Amanti & Sons, Inc., No. 1:14-CV-12807-LTS, 2017 WL 3028877 (D. Mass. July 14, 2017), the plaintiff-subcontractor Endicott Constructors Corp. (“Plaintiff”) filed a lawsuit claiming breach of contract and quantum meruit against the defendant-general contractor E. Amanti & Sons, Inc. (“Defendant Contractor”) on… Continue reading 1st Circuit Pending Appeal – Construction Contract Defenses & Miller Act