Cases
Steven J, Inc. v. L
mark American Insurance Company, 2015 WL 3849166 (M.D.Pa. 2015). Summary Judgment granted to commercial property insurer. Case involved a claim for coverage due to damage from Superstorm S
y. The United States District Court for the Middle District of Pennsylvania, after striking the insured's expert on causation because his methodology was unreliable, granted L
mark's motion for summary judgment, finding that it is undisputed that the cause of the damages was wear
tear, which are excluded causes of loss under the policy
L
mark American Insurance Company v. Gatchell, 2015 WL 1806843 (S.D. Miss. 2015). Summary Judgement granted to commercial property insurer. Case involved a claim for coverage as a result of a fire. The United States District Court for the Southern District of Mississippi granted L
mark's motion for summary judgment, finding the insured did not possess an insurable interest in the property because the mortgage holder had foreclosed on the property eight weeks before the fire, extinguishing any legal or equitable interest in the property held by the insured
Catlin Specialty Insurance Co. v. Scott McPherson, et al., 2013 Lexis 106993 (D.S.C. July 31, 2013). Summary judgment granted to liability insurer. Case involved a claim for construction defects to a house built by the insured's owners when they were affiliated with a different construction company. The United States District Court for the District of South Carolina granted Catlin's motion for summary judgment, holding that the liability insurance policy provided coverage to the insured's owners as insureds only for work performed on behalf of the named insured
Catlin Specialty Insurance Co. v. Selebra Philou, et al., (S.D. Ala. February 20, 2013). Summary Judgment granted to liability insurer. Case involved a claim against a bar for a shooting death of one of its customers. The United States District Court for the Southern District of Alabama granted Catlin's motion for summary judgment, finding that the liability policy's weapons
total liquor liability exclusions precluded coverage for the claim
RaceTrac Petroleum, Inc. v. ACE American Insurance Company, 841 F. Supp. 2d 1286 (N.D. Ga. 2011), aff'd, 446 Fed. Appx. 211 (11th Cir. 2011), rehearing denied. Dismissal of action granted to liability insurer. Case involved allegations that claimant suffered personal injuries from exposure to benzene contained in RaceTrac's gasoline product during their employment at a RaceWay service station. The United States District Court for the Northern District of Georgia granted ACE's motion to dismiss because the liability policies' pollution exclusion unambiguously precluded coverage for the claims asserted against RaceTrac that alleged personal injury from exposure to benzene vapors in gasoline. The court also ruled that enforcement of the pollution exclusion did not violate Georgia's public policy as illusory because the ACE liability policies provide RaceTrac with coverage for risks associated with the operation of convenience stores
the many products
services that are naturally a part of that style of operation. The district court's ruling was affirmed on appeal
Aydin
Company v. Jewelers Mutual Insurance Company, 426 Fed. Appx. 760 (11th Cir. 2011). Summary judgment granted to jewelers block insurer affirmed. Case involved allegations that Jewelers Mutual wrongfully withheld payment under a jewelers block insurance policy for the loss of a jewelry salesman's merch
ise that had been placed in an airplane's cargo hold during a flight. The United States Court of Appeals for the Eleventh Circuit affirmed the district court's ruling granting Jewelers Mutual's motion for summary judgment because the policy provides coverage for stock away from the insured's premises only when the insured's stock is in the custody of the insured,
the merch
ise was not in the insured's custody when it was placed in the airplane's cargo hold
ALTA Refrigeration, Inc. v. Americold Logistics, 301 Ga. App. 738, 688 S.E. 2d 658 (2009). Obtained reversal of summary judgment ruling against insured. Case involved allegations of negligence against the insured under the borrowed servant doctrine for an explosion at a refrigeration plant where the insured was installing a new compressor. The Court of Appeals of Georgia reversed the trial court's ruling that one of the employees of the refrigeration plant involved in causing the explosion was the borrowed servant of the insured
granted summary judgment in favor of the insured, finding that the borrowed servant doctrine did not apply
Northwest Packing Co. v. ACE American Insurance Company, 236 Fed. Appx. 574 (11th Cir. 2007). Summary judgment granted to insurer affirmed. Case involved a claim for ACE's failure to pay for damages caused by rat infestation under a warehouseman's legal liability insurance policy. The United States Court of Appeals for the Eleventh Circuit affirmed the federal district court's ruling in which summary judgment was granted to ACE because there was no coverage under the policy's exclusion for damages caused by vermin
Drew Hill v. Safeco Insurance Company of America, 93 F. Supp. 2d 1375 (M.D. Ga. 1999). Summary judgment granted to property insurer. Case involved a claim against Safeco for failing to pay the insured's loss to his building
Indian arrowhead collection under a homeowner's insurance policy
bad faith failure to pay. The United States District Court for the Middle District of Georgia granted Safeco's motion for summary judgment ruling there was no obligation to pay under the policy because the insured failed to comply with three conditions precedent to recovery under the policy
CNA International Reinsurance Company v. CPB Enterprises, Inc., 982 F. Supp. 831 (S.D. Ala. 1997). Summary judgment granted to liability insurer. Case involved a claim for coverage under a liability insurance policy due to allegations of sexual harassment asserted against the insured in Alabama. The United States District Court for the Southern District of Alabama granted CNA's motion for summary judgment, finding that the policy's exclusion for sexual
/or physical abuse precluded coverage for the claims
Williams v. Fallaize Insurance Agency, et al., 220 Ga. App. 411, 469 S.E. 2d 752 (1996). Summary judgment granted to jewelers block insurer affirmed. Case involved allegations that a jewelers block insurer wrongfully refused payment of a claim for the theft of jewelry from a vehicle under a jewelers block insurance policy issued by Lloyd's of London. The Court of Appeals of Georgia affirmed the trial court's ruling granting summary judgment to Lloyd's of London because the policy's unattended vehicle exclusion precluded coverage for the loss
Timothy A. McCord v. Hartford Casualty Insurance Company, 38 F. 3d 573 (11th Cir. 1994). Summary judgment granted to liability insurer affirmed. Case involved a claim for coverage under a liability insurance policy issued by Hartford for the cost to clean up hazardous waste on the insured's property. The United States Court of Appeals for the Eleventh Circuit affirmed the ruling of the federal district court that coverage for the claim was precluded under the policy's pollution exclusion
Virginia Properties, Inc. v. The Home Indemnity Company, et al., 74 F. 3d 1131 (11th Cir. 1996). Summary judgment granted to liability insurers affirmed. Case involved a claim by Virginia Properties for coverage under various liability insurance policies for the cost to clean up chemical contamination at a wood treatment facility in Virginia. The United States Court of Appeals for the Eleventh Circuit affirmed the district court's ruling granting the insurers' motion for summary judgment, finding that coverage for the clean up costs was precluded under the liability policies' pollution exclusions
Atlanta Gas Light Company v. Aetna Casualty
Surety Company, 68 F. 3d 409 (11th Cir. 1995). Dismissal of case for lack of jurisdiction because no justiciable controversy existed. Case involved claims by Atlanta Gas Light for coverage under numerous liability insurance policies for the cost to clean up contamination at various manufactured gas plants in Georgia
Florida. The United States Court of Appeals for the Eleventh Circuit dismissed Atlanta Gas Light's lawsuit, finding the action was filed based on Atlanta Gas Light's speculation that its insurers would decline coverage based on other insurance companies' dealings with their insureds
thus did not present a concrete case or controversy
Guaranty Service Corporation v. American Employers Insurance Company, 893 F. 2d 725 (5th Cir. 1990). Jury verdict in favor of property insurer affirmed. Case involved allegations that American Employers wrongfully withheld coverage under an insurance policy for damages to an apartment complex in Mississippi owned by the insureds as a result of Hurricane Elena. The United States Court of Appeals for the Fifth Circuit affirmed the jury's verdict following a three week trial that the insureds misrepresented material facts during the submission of their claim, voiding coverage under the policy
Aetna Casualty
Surety Insurance Company v. Honey Bear Br
, Inc., 711 F. Supp. 849 (W.D.N.C. 1989). Summary judgment granted to property insurer. Case involved a claim by the Farmers Home Administration, as the lien holder on apple processing equipment damaged by fire, under an insurance policy issued by Aetna. The United States District Court for the Western District of North Carolina granted summary judgment in favor of Aetna, finding the policy did not provide coverage for the damaged processing equipment
Gilbane Building Company v. The Altman Company, 2005 Ohio 984 (Ohio App. 2005). Summary judgment granted to builder's risk insurer affirmed. Case involved allegations that ACE Property & Casualty Insurance Company wrongfully refused coverage under a contractor's builder's risk insurance policy for damages from corrosion to equipment
piping which occurred when the contractor improperly applied muriatic acid to concrete flooring. The Court of Appeals of Ohio affirmed the trial court's ruling granting ACE's motion for summary judgment because the builder's risk policy's exclusions for "rust
corrosion"
"faulty workmanship" unambiguously precluded coverage for the claimed damages under the policy
Kendrick Pecan Co., Inc. v. American States Insurance Co., case no. 4:06-cv-37 (M.D. Ga. June 5, 2007). Partial summary judgment granted to property insurer. Case involved allegations that the insurer wrongfully refused payment of the difference between the actual cash value of wind-related damages to the insured's property paid by the insurer
the estimated replacement cost of the repairs, which the insured had not incurred. The United States District Court for the Middle District of Georgia granted the insurer's motion for partial summary judgment, finding that the insured was not entitled to payment of the replacement cost of the damages until it showed that it incurred more than the actual cash value of the damages when making repairs.
