· 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 CourtListenerSourced 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.