The magistrate judge recommended that the insurer’s motion for judgment on the pleadings be denied in a case involving coverage for the insured subcontractor’s alleged faulty workmanship. Evanston Ins. Co. v. Sonny Glasbrenner, Inc., 2023 U.S. Dist. LEXIS
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Insurer Has Duty to Defend Faulty Workmanship Claim
By Tred Eyerly
The magistrate judge recommended a determination that the insurer owed a defense to the subcontractor sued for faulty workmanship. Hanover Lloyds Ins Co. v. Donegal Mut. Ins. Co., 2023 U.S. Dist. LEXIS 180877 (W.D. Texas Oct. 5, 2023). …
Appellate Court Lacks Jurisdiction Over Order Compelling Appraisal
By Tred Eyerly
The Eleventh Circuit recently held that the district court’s order compelling appraisal and staying the proceedings pending appraisal was an interlocutory order that was not immediately appealable under 28 U.S.C. 1292 (a) (1). Positano Place at Naples Condominium…
No Coverage for Construction Defect Claim Only Impacting Insured’s Work
By Tred Eyerly
In a coverage dispute between two insurers over a claim for damages caused by faulty workmanship, the court found there was no right to equitable contribution or indemnity. Travelers Prop. Cas. Co. of Am. v. Mallcraft, Inc., 2023…
Replacement of Gym Floor Due to Sloppy Paint Job is Not Resulting Loss
By Tred Eyerly
The court granted the insurer’s motion for summary judgment finding damage to the gym floor due to a poor paint job was not a resulting loss. Bob Robinson Commercial Flooring, Inc. v. RLI Ins,. Co., 2023 U.S. Dist.…
Claim under Cyber Policy Fails
By Tred Eyerly
The insured’s claim failed to fall within coverage under the cyber policy. Ford L.L.C. v. Lexington Ins. Co., 2023 U.S Dist. LEXIS 177426 (W.D. La. Oct. 2. 2023).
The insured, Benoit Ford, LLC and Benoit Nissan,…
Hawaii Supreme Court Rules Insurers Have No Right to Reimbursement of Defense Costs
By Tred Eyerly
Facing an issue of first impression in Hawaii, the Supreme Court held that insurers have no right to reimbursement of defense costs unless the policy specifically provides for reimbursement. St. Paul Fire and Marine Ins. Co., et al. v.…
Traditional Pollution Exclusion Does Not Bar COVID-19 Claim
By Tred Eyerly
The trial court’s dismissal of the insured’s loss of business income claim due to COVID-19 based upon a traditional pollution exclusions was reversed and remanded as to most of the insurers. JRK Prop. Holdings v. Colony Ins. Co.,…
No Subrogation, Contribution Rights for Carrier Defending Construction Defect Claim
By Tred Eyerly
The Court held that the insurer defending the additional insured general contractor had no right to equitable subrogation or equitable contribution from a separate carrier who also insured the general contractor as an additional insured. Old Republic Gen.…
Insured Cannot Sue to Challenge Binding Appraisal Decision
By Tred Eyerly
The court dismiss the insured condominium association’s challenge to an appraisal award. The Courtyards at Prairie Fields Condominium Association v. West Band Mut. Ins. Co., 2023 U.S. Dist. LEXIS ___ (N. D. Ill. Sept. 22, 2023).
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