Court Adopts Magistrate's Recommendation to Deny Insurer's Summary Judgment Motion in Collapse Case

Black gavel

This post from Insurance Law Hawaii discusses the Jang v. Liberty Mut. Fire Ins. Co. case.

June 6, 2018
Tred R. Eyerly - Insurance Law Hawaii

The district court accepted the magistrate's recommended ruling denying the insurer's motion for summary judgment on breach of contract and bad faith claims in a case involving collapse. Jang v. Liberty Mut. Fire Ins. Co., 2018 U.S. Dist. LEXIS 51880 (D. Conn. March 27, 2018).

After purchase of their home, the insureds' inspector found large cracks in the foundation. Liberty denied coverage, contending that the basement wall was collapsing due to settling earth or movement. The insureds' expert later found the foundation had cracks from the oxidation of iron sulfide minerals in the foundation's concrete. The insureds sued for breach of contract, bad faith, and violations of the Connecticut Unfair Insurance Practice Act and the Unfair Trade Practices Act.

Mr. Eyerly may be contacted at te@hawaiilawyer.com



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