Motion to Dismiss Insureds' Counterclaim on the Basis of Prior Knowledge Denied

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Tred R. Eyerly discusses the case Hudson Spec. Ins. Co. v. Talex Enter.

September 4, 2018
Tred R. Eyerly - Insurance Law Hawaii

The insurer unsuccessfully moved to dismiss portions of the insureds' counterclaim based upon prior knowledge. Hudson Spec. Ins. Co. v. Talex Enter., 2018 U.S. Dist. LEXIS 105598 (S. D. Miss. June 25, 2018).

The insureds' building collapsed in McComb, Mississippi. Pubic utilities were damaged and traffic disrupted. The City sued the insured, alleging that the building collapsed because there was too much water gathered on its roof. The City further alleged that the insureds knew too much water was on the roof because they had been told by someone hired to clean the drain that it was clogged and by a contractor that the roof was so damaged that it could not safely be repaired.

Mr. Eyerly may be contacted at


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