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Court Decisions

Slip-sliding away: Insured seeks coverage for subsurface repair

Slip-sliding away: Insured seeks coverage for subsurface repair After noticing damages to their house in 2008, James and Rhonda Case filed a claim with their homeowners insurer, Tower Hill Prime Insurance Company, which then hired an engineering firm, Rimkus Consulting Group, Inc., to evaluate the property. The engineer reported sinkhole damage and recommended subsurface compaction grouting at an estimated cost of $91,000. Tower Hill acknowledged coverage for the damages under

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Parsing the meaning of “drowning”

Parsing the meaning of “drowning” Richard and Lorayna Papousek owned and operated a crop and livestock ranch in Quinn, South Dakota. A massive storm named Winter Storm Atlas struck the area October 3-5, 2013. The storm began as rain and then turned into snow. After the storm subsided, the Papouseks discovered that 93 of their yearling heifers were dead. The Papouseks hired Jim McConaghy, DVM, to ascertain the cause of

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Window washing woes

Window washing woes In a lawsuit that preceded this case, the Clinton Condominium Owners Association brought claims for negligence and breach of contract against We Do Windows, Inc., a window washing company that the association had hired to work at its condominium building. We Do Windows tendered those claims to its general liability insurer, Truck Insurance Exchange (TIE), to defend and indemnify it. The insurer denied the tender. At some

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Read the policy or weep

Read the policy or weep In 2006, John Amankwah purchased automobile insurance for his Mercury Sable from Liberty Mutual Insurance Company through agent Robert Walker. The policy included comprehensive and collision coverage. Amankwah later purchased a Kia and added it to the policy, also with full coverage. He renewed the policy in March 2011 and approximately one month later purchased a Volkswagen Passat to replace the Sable. Amankwah called Walker’s

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Does CGL policy cover breach of contract?

Does CGL policy cover breach of contract? In contemplation of retirement, several home owners who were related by blood or marriage acquired seven lots on which to construct six houses in a subdivision on a lake in Van Buren County, Arkansas. The home owners retained CENARK Project Management Services, Inc., an engineering firm, to design the building pads for each residence that was to be built on the lots. The

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