Insurance Law
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Case Details
Declaratory judgment action filed by Ins. company in an effort to avoid coverage on a “force-placed” fire policy. The hotel property had gone to foreclosure and the Bank, now the titled owner, counterclaimed for the fire damages.
Additional Notes
Unusual issues: Ins. company alleged that the fire loss resulted in no economic damages because the hotel property had been effectively “condemned” by court order prior to the fire, thus it owed nothing. Also, the insured had neglected to secure the condemned property and vandals committed arson. The Bank alleged that Ins. company had issued a sham policy because it accepted a premium and issued a policy on what it should have known was condemned property. OCPA claims included.
More Results from Barron Peck Bennie & Schlemmer, Co. LPA
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