The Oregon Supreme Court wrestled with the meaning of “occurrence” in a liability policy, determining that recovery for an “accident” depended on whether there was a basis in fact for imposing tort liability. Twigg v. Admiral Ins. Co.,
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Fifth Circuit Affirms District Court’s Grant of Summary Judgment to Insurer on Property Loss Claim
By Tred Eyerly
The Fifth Circuit affirmed the district court’s grant of summary judgment to the insurer despite the insured’s claim it was not adequately compensated for its loss. In the Matter of New York Inn, Inc., 2025 U.S. App. LEXIS…
Boat Owner Survives Insurer’s Motion ro Dismiss
By Tred Eyerly
The court rejected the insurer’s motion to dismiss after the the insured’s vessel sank during a hurricane. Knight v. Market Am. Ins. Co., 2025 U.S. Dist. LEXIS 71973 April 16, 2025).
Hurricane Ian sank a yacht…
Cross-Motions for Summary Judgment Denied in Collapse Claim
By Tred Eyerly
The court denied cross-motions from the insured and the insurer after the insured’s dwelling suffered a collapse of the ceiling. Simons v. Fed. Ins. Co., 2025 U.S. Dist. LEXIS 75839 (C.D. Cal. March 4, 2025).
Gary…
Insured’s COVID-19 Claim Survives Motion for Judgment on the Pleadings Based on Loss of Attraction Endorsement
By Tred Eyerly
Faced with a motion for judgment on the pleadings filed by several of its insurers, the insured was successful in arguing that the Loss of Attraction endorsement in one insurer’s policy allowed the insured to pursue losses suffered…
Insurer’s Motion to Dismiss Claims by Plaintiff not Named in Policy Fails
By Tred Eyerly
The federal district court denied the insurer’s motion to dismiss even though the plaintiff was not named in the policy. Viccellio v. Foremost Pro. & Cas. Ins. Co., 2025 U.S Dist. LEXIS 61590 (M.D. La. March 31, 2025).…
Insured’s Challenge to Use of Xactimate Software to Determine Repair Costs for Damage Fails
By Tred Eyerly
The insurer’s motion for summary judgment to dismiss the insured’s complaint challenging the use of Xactimate to determine the repair costs for fire damage was granted. Belotti v. State Farm Fire & Cas. Co., 2025 U.S. Dist. LEXIS…
Alaska Supreme Court Finds Carbon Monoxide is Not a Pollutant Excluding Coverage
By Tred Eyerly
In answering a certified question from the Ninth Circuit, the Alaska Supreme Court determined that an insured could reasonably expect coverage for injuries resulting form exposure to carbon monoxide from an improperly installed home applicance.
Josiah…
Absent Separate Covered Peril, Ensuing Loss is Not Applicable
By Tred Eyerly
The Eighth Circuit affirmed the district’s granting of summary judgment to the insurer, finding that the exclusion for faulty workmanship was applicable despite the ensuing loss provision. Bob Robinson Commercial Flooring Inc. v. RLI Ins. Co., 2025 U.S.…
Insureds Prevail on Summary Judgment Addressing Responsibility for Water Leak
By Tred Eyerly
The court granted summary judgment to the insureds, finding they were not responsible for a water leak from a drain valve on the tenth floor of the building. Charter Oak Fire Ins. Co. v. Bremermann Mech., Inc., et…