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The Rough Notes Company Inc.

Court Decisions

Faxing fracas

Faxing fracas The Siding & Insulation Company appealed the trial court’s decision to grant a motion for summary judgment by Acuity, A Mutual Insurance Company, and to deny Siding & Insulation’s motion for summary judgment in this declaratory judgment action. The declaratory judgment action followed from a settlement that was reached in The Siding & Insulation Co. v. Beachwood Hair Clinic, Inc., a class action suit. In the underlying case,

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Sad slab story

Sad slab story Miguel and Annette Maspons owned a house that was built in 1957 on a poured concrete slab. Sanitary drain lines for the house were located under the slab and made of cast iron pipe. In December 2010, the Maspons noticed that their kitchen sink was draining slowly. On February 8, 2011, they hired Water Leak Detectors, which determined through underground videography that a break or failure existed

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Good faith claim goes bad

Good faith claim goes bad On September 6, 2009, Jack and Caroline Brockway discovered that a hole had been cut in their fence and that property had been stolen from their back yard. They reported the theft to the police and, on September 8, 2009, called their Allstate agent to inform him of the theft. After their initial contact with the agent, the Brockways discovered that additional property was missing,

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Insured challenges multiple retentions

Insured challenges multiple retentions Before Hurricane Katrina struck, Touro Infirmary contracted with Aggreko, LLC, to supply a backup generator and external fuel tank to provide, among other services, emergency power to the cooling system on portions of the first three floors of the hospital. Aggreko delivered the generator and fuel tank shortly before Hurricane Katrina made landfall in August 2005. Touro maintained that the tank was not full of fuel

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“Irreparable harm”? Not so fast

“Irreparable harm”? Not so fast Rebecca Fernandez–Andrew owned a house that was insured under a homeowners policy issued by Florida Peninsula Insurance Company (FPIC). Her house was damaged as a result of a plumbing leak that occurred on July 20, 2014, while the policy was in force. Fernandez-Andrew reported the loss to FPIC on July 30, 2014, and FPIC informed her that her covered damages would be repaired. The policy’s option

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