The Eighth Circuit affirmed the district’s granting of summary judgment to the insurer, finding that the exclusion for faulty workmanship was applicable despite the ensuing loss provision. Bob Robinson Commercial Flooring Inc. v. RLI Ins. Co., 2025 U.S. App. LEXIS 6369 (8th Cir. March 19, 2025).
The general contractor hired Bob
Damon Key Leong Kupchak Hastert Blogs
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Insureds Prevail on Summary Judgment Addressing Responsibility for Water Leak
By Tred Eyerly
The court granted summary judgment to the insureds, finding they were not responsible for a water leak from a drain valve on the tenth floor of the building. Charter Oak Fire Ins. Co. v. Bremermann Mech., Inc., et al., 2025 U.S. Dist. LEXIS 59871 (E.D. La. March 31, 2025).
The General…
CA10: Takings Clause Means Never Having To Administratively Ask To Get Your Property Back
Check out the U.S. Court of Appeals for the Tenth Circuit’s recent opinion in Knellinger v. Young, No. 23-1018 (Apr. 11, 2025).
It’s worth reading because the court doesn’t fall into the common trap of concluding that although an owner need not exhaust administrative remedies before asserting a takings claim, he nonetheless doesn’t have…
Homeowner Allowed to Amend Complaint to Demonstrate Third-Party Beneficiary Status Under Lender-Placed Policy
By Tred Eyerly
The homeowner’s complaint was improperly dismissed without leave to amend to demonstrate she was a third-party beneficiary of a lender-placed policy on her home. Williams v. Integon Nat’l Ins. Co., 2025 U.S. App LEXIS 6919 (5th Cir. March 25, 2025).
Ellen Williams purchased a home which was mortgaged by Flagstar Bank.…
Tex App Dismisses Penn Central Claim – But What's It Doing Weighing The Facts?
These days, when we have cases where there’s tinkering with the terms of rental agreements, we most often see local governments using their police power to force property owners to rent their properties on a long-term (more than 30 days) basis.
But in Bigelow Arizona TX-344, LP v. Town of Addison, No. 05-23-00642-CV (Apr.…
CAFED: Sleeping With The Fishes – Requiring Water To Stay In River Is A Regulatory, Not Physical, Taking
Here’s the U.S. Court of Appeals for the Federal Circuit’s opinion in United Water Conservation District v. United States, No. 23-1602 (Apr. 2, 2025), which gets a bit metaphysical.
The District is responsible for a dam and canal that diverts water from the Santa Clara River in southern California. Under the authority of…
Insurer Must Defend Portions of Claim Arising from Alleged Faulty Workmanship
By Tred Eyerly
The federal district court found that the insurer must defend portions of the underlying case based upon alleged faulty workmanship. Motorist Commercial Mutual Ins. Co. v. Ellison Distributing Inc., 2025 U.S. Dist. LEXIS 35279 (D. Ind,. Feb. 27, 2025).
Daily Feed & Grain, Inc. (DFG) farmed, produced and sold grain. Ellison Distributing,…
India: There's No Givebacks In Eminent Domain – Agreement To Return 3 Bighas And 5 Biswas To Former Owner Void
We’re not even going to pretend we know what’s going on that spurred the Supreme Court of India to issue this ruling in Delhi Ag. Marketing Bd. v. Devi (Dead), No. 10757 (Mar. 20, 2025), either in the opinion itself, or especially behind the scenes.
But any judicial opinion that starts off like this…
Insured’s Claim Against Broker Fails
By Tred Eyerly
The insured’s claim against his broker for failure to secure adequate coverage was dismissed by the federal district court. Galapatos v. Marsh & McLennan Companies, 2025 U.S. Disl. LEXIS 32833 (D. Mass. Feb. 24, 2025).
Nicholas Galapatos purchased a boat (Galani) in 2015 to use in Greece. He retained Marsh for…
CA8: Private Delegee Of Federal Eminent Domain Power Does Not Owe Attorneys Fees Even If State Law Requires
A short one from the U.S. Court of Appeals for the Eighth Circuit.
The caption of WBI Energy Transmission, Inc. v. 189.9 rods, No. 24-1693 (Mar. 24, 2025), should tell you that this is a private-delegation federal taking, and indeed it is. Another Natural Gas Act taking by a private pipeline company.
After WBI…