Appraisal Award Paid – No Breach of Contract

Summary judgment granted in favor of insurer upon finding insurer fully paid appraisal award precludingcause of action for breach of contract and upon finding there was a genuine dispute as to the insurer’sliability under the policy. Ruling upheld on...

Rain Damage Exclusion – Partial Payment Irrelevant

Summary judgment granted in favor or insurer as to breach of contract, bad faith and punitive damagesfinding interior damage from rain entering through roof was excluded even though the insurer initiallycovered and paid part of the claim.

Advice of Counsel Shields from Bad Faith Claim

Obtained summary adjudication on Plaintiff’s bad faith cause of action upon showing that the insurerreasonably relied up on the advice of counsel in denying coverage under homeowners’ policy for firstparty property claim.

Defective Roof Design – Ensuing Loss Excluded

Obtained summary judgment in favor or insurer as to breach of contract, bad faith and punitive damagesfinding ensuing loss provision did not provide coverage where rain entered the roof through a defectivelydesigned roof. Decision upheld on appeal.