Kraemer Bros. v. United States Fire Insurance

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that “a defect in the design and construction of insured property is inherent in that property, rather than an ‘external cause,’ and therefore” not included within the policy
• moving party must demonstrate right to summary judgment \with such clarity as to leave no room for controversy\; \All doubts as to the existence of a genuine issue of material fact must be resolved against the party moving for summary judgment.\
• affidavits submitted on motion for summary judgment must be based on personal knowledge
• “[I]nformation and belief does not satisfy the statutory requirement that the affidavit be made on personal knowledge and set forth evidentiary facts as would be admissible in evidence.”
• if contract is ambiguous and ‘‘there is no extrinsic evi- dence . . . bearing on the meaning of’’ ambiguity, then construction and application of contract is ‘‘properly treated . . . as a question of law’’

Source: CourtListener parenthetical corpus (CC0).