Premises Liability: Because plaintiff’s objection was based on mere speculation and conjecture, court grants defendant’s motion for summary judgment pursuant to the ongoing storm doctrine: The defendant moves for summary judgment on the ground that no genuine issue of material…
Insurance Coverage: Appellate Court affirms lower court’s decision in declaratory judgment action, finding that insurer must defend its insured as diminution in value claim may fall within the coverage provided under the insureds’ personal automobile insurance policy: In this declaratory…
After an auto accident, the insured recovered the tortfeasor’s $50,000 policy limits and then pursued underinsured motorist (UIM) benefits under her own $100,000 policy. The insurer valued the claim below $50,000 and, after arbitration, was ordered to pay $19,500 in…
Premises Liability / Condo & Hospitality Parking Lot Assault: Unit owner wins summary judgment by showing no duty for injuries in condominium “common elements” The plaintiff claimed he was assaulted in a parking lot serving a condominium-style hospitality property. He…
Insurance Coverage / Producer Negligence Supreme Court rejects ongoing duty of homeowners’ insurance producer to warn of nonrenewal The plaintiffs had a long but intermittent relationship with an independent agency (The Trahan Agency) and, after a two-year gap, used that…
The defendants, Michele M. McHugh and Michele M. McHugh Trustee of the Michele M. McHugh Irrevocable Trust, move for summary judgment on the grounds that they were an “out of possession owner/landlord” having wholly demised the premises to the co-defendant,…
The plaintiff brought action on March 24, 2023, against his general contractor who was hired to perform home-improvements. The plaintiff asserted a claim for negligence arising from allegations that as a result of the defendant’s failure to restore electrical power…
Plaintiff seeks damages for the loss of use and diminution of value of his motor vehicle following an automobile accident. Plaintiff was the owner of a vehicle which he had purchased new and which had been driven approximately 31,000 miles…
Background and Claims in the Case At the time of the underlying motor vehicle accident, the plaintiff was insured by State Farm Mutual Automobile Insurance Company under a policy that entitled the plaintiff to recover damages if he was injured…
Plaintiffs appealed from the judgment of the trial court granting the motions for summary judgment filed by the defendant insurance company, Century-National. The plaintiffs owned a home and subsequently purchased a homeowners insurance policy. The policy was effective from June…