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Insurer’s Motion for Summary Judgment in Collapse Claim Granted in Part, Denied in Part
The insurer’s motion for summary judgment on the insured’s collapse claim was partially granted, but mostly denied. LDG Rentals, LLC v Wester World Ins. Co., 2025 U.S. Distl LEXIS 117063 (D. Kan. June 18, 2025).
LDG Rentals, LLC purchased a two-story, 125 year old building. LDG sought coverage through its
Cross Motions for Summary Judgment Denied in Collapse Claim
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. Calif. March 4, 2025).
Gary Simons bought a second home located in Park City, Utah (“Utah Property”) that was
Collapse Caused by Termites and Wood Rot Not Covered
The court found that damage to the insured's home was not due to a covered collapse, but was caused by wood rot and termite damage. Pezzano v. Liberty Mut. Midatlantic Inc. Co., 2024 U.S. Dist. LEXIS 46971 (D. N.J. March 18, 2024).
When putting up a Christmas tree, the insured pulled
Appraisal Presentation at ABA Insurance Coverage Conference
Our panel presented this morning at the Insurance Coverage Litigation Committee’s annual seminar this morning. We addressed “Appraisals: What’s My Loss?”
Members of our panel were Judge Keith Hiraoka from the Hawaii Intermediate Court of Appeals, Rina Carmel from Anderson McPharlin & Conners, LLP; John Vishneski from Reed Smith; Karin Aldama from Perkins Coie
Court Finds Matching of Damaged Materials is Required by Policy
The court granted, in part, the insured's motion for summary judgment by finding that matching roof tiles were required under the policy. Bertisen v. Travelers Home and Marine Ins. Co., 2024 U.S. Dist. LEXIS 3907 (D. Colo. Jan. 8, 2024).
The insureds sued Travelers for breach of contract, common law bad faith, and
Ninth Circuit Finds “Dwelling” in Homeowners Policy Ambiguous
The Ninth Circuit found that the word "dwelling" in a homeowners policy was ambiguous becuase it could take on a broader meaning encompassing multiple structures. Safeco Ins. Co. ov Am. v. Havorson, 2023 U.S. App. LEXIS 12596 (9th Cir. May 23, 2023).
The issue was whether the homeowners policy eliminated
Ninth Circuit Finds Insurer Cannot Impose Joint and Several Liability in Seeking Reimbursement
Applying California law, the Ninth Circuit determined that the insurer could not seek reimbursement from an insured based upon joint and several liability. United Specialty Ins. Co. v. Banihashemi, 2023 U.S. App. LEXIS 5546 (9th Cir. March 8, 2023).
The insured appealed the district court's summary judgment order holding him
Dobbs’ Impact on Coverage Issues
Our panel spoke at the ABA, Section of Litigation, Insurance Litigation Committee’s annual seminar today in Tucson. We addressed the impact of the Supreme Court’s overruling the Roe case in Dobbs v. Jackson Women’s Health Organization.
Tenth Circuit Case on Claims adjusters
The decision is here.