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News 2017-10-04T11:29:27+00:00

Firm News

Summary Judgment Verdict Upheld in New York

Peter E. Kanaris and Jefferson D. Patten recently prevailed in upholding a summary judgment order entered by the United States District Court for the Eastern District of New York.The insured had sought coverage under its property insurance policy following a fire that had damaged two vacant apartment buildings, and commenced a civil suit while Commonwealth Insurance Company of America was in the process of completing its investigation. Read more


Case Resolved Via Motion to Dismiss

Peter E. Kanaris and Megan E. Ritenour recently prevailed on a motion to dismiss pending in the Circuit Court of Cook County. The insured sought coverage under its first-party property policy with Hartford Casualty Insurance Company for losses incurred to its property following a flood event. Read more


Eighth Circuit Affirms Summary Judgment

The Eighth Circuit Court of Appeals affirmed the United States District Court for the Eastern District of Missouri’s order granting summary judgment in favor of Fisher Kanaris, P.C.’s client, Hartford Fire Insurance Company. After Hartford determined that the insured’s subcontractors’ defective, deficient and flawed workmanship caused the claimed damage to the roof of a building during construction, the insured filed suit seeking coverage under the policy and extra-contractual damages. Read more


Summary Judgment for Defense on $14.1 Million Claim

Peter E. Kanaris, Megan E. Ritenour and C. Zachary Ransel recently obtained summary judgment on behalf of Lexington Insurance Company in the United States District Court for Kansas. The policyholders, the owners of the Lyons Salt Mine, sought coverage under eight successive first-party property policies for $14.1 million in costs to prevent water inflow (more than 32,000 gallon per day) and the failure of their mine. Read more


Court Rejects Warranty of Habitability Claim

Peter E. Kanaris and David E. Heiss recently prevailed on a motion to dismiss pending before the Law Division of the Circuit Court of Cook County in a construction dispute. Our client provided design services for the construction of a four building residential condominium development in the Chicago area.Read more


Fisher Kanaris Prevails Before Fifth Circuit

Firm attorneys including Peter E. Kanaris and Cheryl L. Mondi prevailed before the United States Court of Appeals for the Fifth Circuit in WH Holdings et. al. v. Ace American Ins. Co.,. In a dispute over rights and obligations set forth in a construction contract, the Fifth Circuit agreed with Fisher Kanaris’ argument that the construction contract at issue did not require the building owner to purchase property insurance and remanded the matter for further proceedings.


Summary Judgment Obtained in Coverage Action

Peter E. Kanaris and Jefferson D. Patten  recently obtained summary judgment in the matter of Delta Technical Products v. Hartford Casualty Insurance Company pending the Chancery Court of Cook County. Here, the insured sought coverage stemming from a 2008 rainstorm which resulted in 18” of rain over a 24 hour period. Read more


Claims Dismissed Against Architectural Firm

Peter E. Kanaris and David E. Heiss were recently successful in obtaining a dismissal of all claims pending against an architectural firm. Our client provided design services for the construction of an eight-story residential condominium building in the Chicago area. Plaintiffs, the condominium board, sought to bring an implied warranty of habitability claim against our client based upon an expansion of a narrow exception permitting the assertion of such a claim against subcontractors in the event of an insolvent general contractor. Read more


$225 Million Claim Resolved

Fisher Kanaris, P.C. attorneys Peter E. Kanaris, Eric D. Stubenvoll and David E. Heiss helped effectuate a commercial resolution of a $225 million insurance claim in which the parties entered settlement negotiations with quantum differences exceeding $120 million. The Policyholder, a Fortune 500 company, filed suit against all insurers on its insurance program for alleged losses stemming from a flood in Central Indiana. Read more


David Heiss Speaks to Loss Executives Association

Fisher Kanaris Shareholder David E. Heiss spoke to members of the Loss Executives Association at its annual meeting in Newport, Rhode Island. Mr. Heiss spoke and participated in a panel that addressed prevalent bad faith concerns in complex first-party property commercial losses.


Summary Judgment Obtained in California

Peter E. Kanaris, Cheryl L. Mondi and Megan E. Ritenour obtained summary judgment in favor of Lexington Insurance Company in the Eastern District of California in Energy 2001 v. Lexington Insurance Company, et al, 10 CV 00415. Although Energy 2001 was not named as an insured or additional insured under the Lexington policy, Energy 2001 sought coverage for damage arising out of a transformer failure on August 8, 2008. Read more


Judgment Affirmed in 8th Circuit

The 8th Circuit Court of Appeals affirmed an order granting summary judgment in favor of Fisher Kanaris, P.C.’s client Valley Forge Insurance Company in Riggs v. Valley Forge Ins. Co. 09 C 3768, Plaintiffs, a western apparel retailer located in Arkansas, sought damages in excess of $1,500,000 under contractual and extra-contractual theories of relief related to a fire at its business location. The Western District of Arkansas granted the motion for summary judgment filed by Firm attorneys Peter E. Kanaris and David E. Heiss. Read more


Limitation of Liability Clause Enforced

Peter E. Kanaris and Jefferson D. Patten recently obtained partial summary judgment in the United States District Court for the Eastern District of Louisiana on behalf of Continental Casualty Company. Plaintiff, a governmental entity, submitted a claim under a first party property policy of insurance for damages to 61 government locations incurred as a result of Hurricane Katrina. Plaintiff’s suit alleged damages in excess of $14 million above the Policy’s per location limit of liability. Read more


Defense Verdict in Northern District of Illinois

Fisher Kanaris, P.C. trial lawyers Peter E. Kanaris and David E. Heiss obtained a defense verdict in Johnathan Pepper Co., Inc. et. al. v. Hartford Casualty Ins., 05 C 1404, United States District Court for the Northern District of Illinois. Plaintiffs alleged that a fire damaged its business personal property and at trial sought damage recovery under its first-party property insurance policy and for Hartford’s alleged bad faith. Read more


Summary Judgment Obtained in Florida

Peter E. Kanaris recently obtained summary judgment in PMG Collins, LLC v. Allianz Global Risks et. al.,United States District Court for the Southern District of Miami on behalf of Allianz Global Risks US Insurance Company and Great Lakes Reinsurance. Plaintiff, the owner/developer of a multi-million dollar high-rise condominium building under construction in Miami, submited a claim for water damage to the property which occurred near the completion of the project. Read more

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