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Summary Judgment Fire Damage

Troutman Pepper

District Court in Utah Grants Summary Judgment for Contractor Against Insurance Subrogation Claim Based on Contractual Waiver...

Troutman Pepper on

Aquatherm, LLC v. CentiMark Corp, 2019 BL 13240 (D. Utah Apr. 12, 2019) - Stag II Lindon LLC and Stag Industrial Inc. (collectively “Stag”) owned a building in Lindon, Utah. Stag contracted with CentiMark Corp....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mold Damage: Federal Court Addresses Insurance Coverage Issue

A United States District Court in Connecticut (“Court”) addressed in a September 26th opinion whether an insurance policy covered certain mold damage. See National Liability & Fire Ins. Co. and Boat America Corporation v....more

Butler Weihmuller Katz Craig LLP

Court Finds AIA Subrogation Waiver Inapplicable; Appeal Pending

In Liberty Mutual Fire Insurance Co. v. Fowlkes Plumbing LLC, 17-cv-010-GHD-DAS, 2018 WL 842169 (N.D. Miss. Feb. 12, 2018), the District Court for the Northern District of Mississippi held that the subrogation waiver of...more

Robinson+Cole Property Insurance Coverage...

Innocent or Unintentional Mistake in Application is Irrelevant: NY’s Second Department Finds Rescission Appropriate and Affirms...

When an insurer finds that the insured misrepresented a material fact in an application for insurance, the insurer may rescind the policy of insurance, and take the position that no coverage exists for a claimed loss. In a...more

Cozen O'Connor

Tennessee Court Weighs in on Whether Arson is a Species of Vandalism and Malicious Mischief

Cozen O'Connor on

Last month in what was a case of first impression in Tennessee, a unanimous panel of the state’s intermediate level appellate court joined those jurisdictions that have concluded that arson does not constitute a type of...more

Saul Ewing Arnstein & Lehr LLP

Northern District of Indiana: No Bad Faith Where Insurer Has a Rational Basis for its Coverage Position

Thorne v. Member Select Ins. Co., No. 2:09 CV 87, 2014 WL 4700873 (N.D. Ind. Sept. 22, 2014). The Northern District of Indiana denies an insured’s motion for reconsideration of the court’s entry of summary judgment in...more

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