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· 4/29/2009

Malbco Holdings, LLC v. Amco Insurance

Citations

  • 629 F. Supp. 2d 1185
  • 2009 U.S. Dist. LEXIS 36695
  • 2009 WL 1163131

How courts have described this case

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

  • dismissing affirmative defenses based on general policy exclusions where insured advanced claim under specific additional collapse coverage
  • dismissing affirmative defenses based on general policy exclusions where insured advanced claim under specific additional collapse coverage
  • failure of floor truss system projected to cause “areas in and around the pool area [to] completely fall to the ground”
  • hotel was declared unsafe for occupancy after ceiling had fallen several inches due to deteriora- tion of floor truss system, and emergency shoring was required to prevent further collapse
  • “[I]t is not the trial court’s responsibility to rewrite the policy to protect the insurer. If [the insurer] wanted to limit its risk to actual and complete collapse to the ground, it could easily have done so.”
  • “The word ‘abrupt’ has a plain meaning, namely sudden.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Stewart

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.