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
Tag: Summary Judgment
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
Homeowner’s Claim for Collapse Survives Summary Judgment
Tred Eyerly | Insurance Law Hawaii | September 18, 2017 The insurer failed to present adequate evidence on summary judgment that damage caused by the collapse of a swimming pool was not covered. Klein v. State Farm Ins. Co., 2017 N.Y. Misc. LEXIS 3030 (Sup. Ct. N.Y. July 11, 2017). Klein notified State Farm that his… Continue reading Homeowner’s Claim for Collapse Survives Summary Judgment
Court Denies Insurers’ Motions for Summary Judgment Under All Risk Policies
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
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