Applying Proximate Cause And Ensuing Loss Principles
November 1, 2012, 3:40 PM EDT
Law360, New York (November 1, 2012, 3:40 PM EDT) -- In Friedberg v. Chubb & Son Inc., 691 F.3d 948 (8th Cir. 2012), the court rejected the homeowners’ appeal of a summary judgment in Chubb’s favor in a case where they sought insurance coverage for extensive damage to their home’s exterior framing and insulation. Water penetrating through defects in the house’s exterior cladding system and through a defective roof had caused most of the damage.
The homeowners claimed that Chubb Indemnity Insurance Company had responsibility to cover the loss under the policy it issued covering the...