CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - TUESDAY, OCTOBER 27, 2026

Insured is Third Party Beneficiary of Forced-Place Policy

Insurance Policy

The insureds’ home burned down on the same day their homeowner’s policy expired.

October 26, 2026
—
Tred R. Eyerly - Insurance Law Hawaii

The court denied the insurer’s motion to dismiss the insured’s fire damage claims under a forced-place policy because the insured was a third-party beneficiary of the policy. Fredericks v. Assurant Specialty, et al., 2026 U.S. Dist. LEXIS 179779 (E.D. Pa. Aug. 12, 2026).

The insureds’ home burned down on the same day their homeowner’s policy expired. The expiration automatically triggered a forced-placed policy issued by American Security Insurance Company (ASIC) to the insureds’ mortgage company, Rocket Mortgage Company, LLC.

Mr. Eyerly may be contacted at te@hawaiilawyer.com


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