The Eleventh Circuit affirmed the district court’s grant of summary judgment to the insurer on the general contractor’s claims for damages due to faulty workmanship. Tricon Dev. of Brevard v. Nautilus Ins. Co., 2021 U.S. App. LEXIS 27317 (11th
Continue Reading Eleventh Circuit Finds No Coverage for Faulty Workmanship Claims
Damon Key Leong Kupchak Hastert
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Forum Selection Provision Not Binding in Louisiana
By Tred Eyerly
The insurer’s motion to dismissed based upon the policy’s forum selection provision was denied. Oak Haven Mgmt., LLC v. Starr Surplus Lines Ins. Co., 2021 U.S. Dist. LEXIS 171611 (W.D. La. Sept. 9, 2021).
The insured…
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Hawaii Federal District Court Remands Coverage Action
By Tred Eyerly
The Federal District Court for the District of Hawaii remanded the coverage case to state court after applying the Brillhart and Dizol factors. HK Holdings, LLC v. Avemco Ins. Co., 2021 U.S Dist. LEXIS 174039 (D. Haw. Sept. 14,…
Continue Reading Hawaii Federal District Court Remands Coverage Action
Contractor Entitled to Continued Defense Against Allegations of Faulty Construction
By Tred Eyerly
The U.S. District Court found that the contractor was entitled to a defense in the underlying state court action. Pa. Nat’l Mut. Cas. Ins. Co. v. Zonko Builders, 2021 U.S. Dist. LEXIS 168855 (D. Del. Sept. 7, 2021).
…
Continue Reading Contractor Entitled to Continued Defense Against Allegations of Faulty Construction
Eighth Circuit Affirms Finding of Bad Faith, Award of Costs and Prejudgment Interest
By Tred Eyerly
The Eighth Circuit affirmed the district court’s finding of bad faith and award to the insured of taxable costs and prejudgment interest. Selective Ins. Co. v. Sela, 2021 U.S. App. LEXIS 26062 (8th Cir. Aug. 30, 2021).
…
Continue Reading Eighth Circuit Affirms Finding of Bad Faith, Award of Costs and Prejudgment Interest
Portion of COVID-19 Claim Survives Motion to Dismiss
By Tred Eyerly
While the insured failed to demonstrate direct physical loss, Crisis Event coverage was still possible. SJP Investment Partners LLC v. Cincinnati Insurance Company, 2021 U.S. Dist. LEXIS 162612 (N.D. Ala. Aug. 27, 2021).
The insured owned…
Continue Reading Portion of COVID-19 Claim Survives Motion to Dismiss
"Your Product" Exclusion Bars Coverage
By Tred Eyerly
The insurer’s motion for summary judgment was granted based upon the “your product” exclusion. Lacaze Land Dev. v. Deere & Co., 2021 U,S. Dist LEXIS 162175 (W.D. La. Aug 26, 2021).
Lacaze filed suit against John…
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Third Circuit Affirms Insurer’s Duty to Defend Despite Allegations of Intentional Trespass
By Tred Eyerly
The Third Circuit affirmed the district court’s finding that the insured contractor was entitled to a defense despite the underlying allegations of intentional trespass. Westminster Am. Ins. Co. v. Spruce 1530, LLC, 2021 U.S. App. LEXIS 24822 (3d.…
Continue Reading Third Circuit Affirms Insurer’s Duty to Defend Despite Allegations of Intentional Trespass
Join Us (For Free!): Lawprof Ilya Somin On "Cedar Point Nursery v. Hassid and the Future of the Takings Clause: Physical Occupation, Eviction Moratoria, and More" (Tues. Sep. 28, 2021, 12:50pm ET)
Next Tuesday, September 28, starting at 12:50pm ET, we’ll be moderating a talk sponsored by the William and Mary Law School chapter of the Federalist Society.
Professor Ilya Somin, a nationally-recognized expert in eminent domain, takings, and related topics,…
Continue Reading Join Us (For Free!): Lawprof Ilya Somin On "Cedar Point Nursery v. Hassid and the Future of the Takings Clause: Physical Occupation, Eviction Moratoria, and More" (Tues. Sep. 28, 2021, 12:50pm ET)
Insured Has Insurable Interest in Damaged Property Despite Transferring Ownership
By Tred Eyerly
The appellate court reversed the trial court’s dismissal of the insured’s complaint which adequately pled she had an insurable interest in the property even after it was transferred to an LLC. Cole v. Citizens Prop. Ins. Corp., 2021…
Continue Reading Insured Has Insurable Interest in Damaged Property Despite Transferring Ownership