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Preview: LexisNexis® Mealey's™ Construction Defects Insurance Legal News

LexisNexis® Mealey's™ Construction Defects Insurance Legal News



Headline Construction Defects Insurance Legal News from LexisNexis®



 



'Earth Movement' Exclusion Bars Insured's Claim For Repairs, Judge Concludes
KNOXVILLE, Tenn. - An "earth movement" exclusion precludes insurance coverage for an insured's repairs to damages from water loss to one of its pools caused by "landsliding" and "sinking," a Tennessee federal judge ruled Nov. 22, dismissing the insured's breach of contract and bad faith claims against its insurer (Ski Chalet Village Owners Club Inc. v. Employers Mutual Casualty Co., No. 16-20, E.D. Tenn.; 2016 U.S. Dist. LEXIS 161563).



Insured's Faulty Work Is Not An 'Occurrence' Under New York Law, Judge Says
TOPEKA, Kan. - Applying New York law to an insurance contract, a Kansas federal judge on Nov. 17 ruled that claims for alleged property damage as a result of an insured's faulty construction are not covered as "occurrences" (Black & Veatch Corp. v. Aspen Insurance [UK] Ltd., et al., No. 12-2350, D. Kan.; 2016 U.S. Dist. LEXIS 159679).



Judge: Fraud Claim Against Insured Is Not An 'Occurrence' Due To Intentional Conduct
LITTLE ROCK, Ark. - Property owners' fraud claim is not a covered "occurrence" under a commercial general liability insurance policy because they allege intentional intent by an insured contractor, an Arkansas federal judge ruled Nov. 18, also upholding a previous decision that the insurer had a duty to defend a breach of contract claim (Columbia Insurance Group Inc. and Columbia Mutual Insurance Company Inc. v. Arkansas Infrastructure Inc., et al., No. 14-00512, E.D. Ark.; 2016 U.S. Dist. LEXIS 160151).



Insurer Owes Defense Costs For Covered Faulty Work, Iowa Federal Judge Holds
DES MOINES, Iowa - Under Iowa law, claims against an insured for defective workmanship that resulted in water damage to property other than the insured's work constitute an "occurrence" under comprehensive general liability policies, an Iowa federal judge ruled Nov. 1, finding that the insurer is responsible for most of the defense costs in underlying product liability lawsuits (Pella Corp., et al. v. Liberty Mutual Insurance Co., No. 11-00273, S.D. Iowa).



Pennsylvania Federal Judge: Underlying Suit Does Not Allege An Occurrence
PHILADELPHIA - No coverage is owed to insureds for an underlying negligence suit because the underlying suit arose out of faulty workmanship and not an occurrence, a Pennsylvania federal judge said Nov. 16 in granting an insurer's motion for summary judgment (Robert A. Bealer, et al. v. Nationwide Mutual Insurance Co., et al., No. 16-3181, E.D. Pa.; 2016 U.S. Dist. LEXIS 158438).



Damages From Insured's Faulty Work Are Not Covered, Arkansas Federal Judge Says
LITTLE ROCK, Ark. - Damages for defective workmanship that resulted in damages only to an insured general contractor's work product itself does not constitute property damage caused by an "occurrence" under a commercial general liability insurance policy, an Arkansas federal judge ruled Nov. 18, granting summary judgment to the insurer on its duty to defend and indemnify two underlying construction defects cases (Auto-Owners Insurance Co. v. Hambuchen Construction Inc., et al., No. 16-0005, E.D. Ark.; 2016 U.S. Dist. LEXIS 160364).



Judge: Insureds' Negligence Claim From Collapse Is Not Precluded By Contract
TULSA, Okla. - Insureds' negligence claim arising out of damages from a wall collapse are not barred because even if there is a contractual relationship between the insureds and a contractor, the insureds did not assume risk of loss for the collapse of a wall due to the wall's allegedly negligent construction, an Oklahoma federal judge ruled Nov. 2 (Lexington Insurance Co., et al. v. Newbern Fabricating Inc. and Baucom Concrete Construction Inc. v. Doveland Engineering Co. and Baucom Concrete Construction Inc. v. Commercial Metals Co., No. 14-0610, N.D. Okla.; 2016 U.S. Dist. LEXIS 151857).



Panel: Surety Did Not Act In Bad Faith In Settling Work Contract Dispute
CINCINNATI - A surety's settlement of breach of contract claims against the state of Michigan for refusal to make final payments to a general contractor for work to a prison kitchen was not in bad faith because the surety and the contractor had shared interests, the Sixth Circuit U.S. Court of Appeals ruled Nov. 7 (Great American Insurance Co. v. E.L. Bailey & Company Inc. and Edward L. Bailey, No. 15-2149, 6th Cir.; 2016 U.S. App. LEXIS 20018).



No Coverage For Foundation Damage Caused By Plumbing Leaks, Federal Judge Says
DALLAS - No coverage is afforded to insureds for foundation damage caused by plumbing leaks in their home because the policy specifically excludes coverage for foundation or earth movement and the policy's limited water damage endorsement does not extend coverage for foundation movement, a Texas federal judge said Nov. 2 (John F. Thomas, et al. v. State Farm Lloyds, et al., No. 15-1937, N.D. Texas; 2016 U.S. Dist. LEXIS 152318).



Insureds' Liability Must Be Resolved Before Coverage Issues, New Jersey Panel Says
TRENTON, N.J. - Insurers' coverage obligations in a mold damages suit can be adjudicated only after the insureds' liability for the damages caused by the mold contamination is resolved, the Appellate Division of the New Jersey Superior Court determined Nov. 21 (Larry Chenault v. Victory Highlands Condominium Association Inc., et al., Nos. A-3626-14T4, A-3627-14T4, A-3628-14T4, N.J. Super., App. Div.; 2016 N.J. Super. Unpub. LEXIS 2500).



Florida Federal Judge Says No Evidence That EIFS Was Defectively Installed
ORLANDO, Fla. - Because there is no evidence that an insured's exterior insulation finishing system (EIFS) was defectively installed, a Florida federal judge on Nov. 18 denied an insurer's motion for summary judgment in a suit filed by an insured seeking coverage for water and mold damages to the insured's home (George Crews, et al. v. Federal Insurance Co., No. 15-866, M.D. Fla.; 2016 U.S. Dist. LEXIS 160200).



Judge Finds Appraisal Clause Binds Insured From Litigating Dispute Over Money
CHICAGO - An appraisal clause's use of the word, "binding" made clear to an insured that by participating in the appraisal process, it foreclosed its opportunity to litigate the amount an insurer owed it for damage to a building covered by the insurance policy, an Illinois federal judge ruled Nov. 7, dismissing a breach of contract claim (70th Court Condo Association v. Ohio Security Insurance Co. and Donan Engineering Co. Inc., No. 16-07723, N.D. Ill.; 2016 U.S. Dist. LEXIS 153959).



Insurer Must Pay Portion Of Award For Taxable Costs In Defects Dispute, Panel Says
DENVER - Having defended a developer in arbitration proceedings related to construction defects claims, a commercial general liability insurer is obligated to pay its portion of an award for taxable costs issued against the developer and a contractor, a Colorado appeals panel ruled Nov. 3, affirming partial summary judgment to the contractor (Mt. Hawley Insurance Co. v. Casson Duncan Construction Inc., No. 2016COA164, Colo. App.; 2016 Colo. App. LEXIS 1545).



Judge Awards Surety Default Judgment Of $305,067 For Breach Of Contract Claim
LOS ANGELES - A surety is entitled to a default judgment of $305,067.65 in damages against a subcontractor for breach of contract and implied contractual indemnity claims stemming from defective work on a media arts center construction project, a California federal judge ruled Oct. 31 (Hartford Fire Insurance Co. v. Oceans-One Interior Drywall Inc., No. 16-945, C.D. Calif.; 2016 U.S. Dist. LEXIS 151509).



Claims Arising Out Of Cracked Basement Walls Will Proceed To Trial, Federal Judge Says
BRIDGEPORT, Conn. - A Connecticut federal judge on Nov. 3 denied an insurer's motion for reconsideration after determining that the insurer failed to identify any controlling decisions that were overlooked when the court determined that insureds' claims arising out of cracks discovered in their home's basement walls must proceed to trial (Stephen Belz and Karla Belz v. Peerless Insurance Co., No. 13-01315, D. Conn.; 2016 U.S. Dist. LEXIS 152493).



Insured Claims Carrier Wrongfully Denied Coverage For Roof's Collapse
CHICAGO - An insured seeking coverage for the collapse of its roof following a snowstorm alleges in a Nov. 3 complaint filed in Illinois federal court that its insurer breached its contract and acted in bad faith by denying coverage based on the policy's imminent collapse exclusion (Ravinia Vogue Cleaners v. Travelers Casualty Insurance Company of America, No. 16-10311, N.D. Ill.).



Magistrate Judge Recommends Attorney Fees To Insured In Defects Coverage Dispute
MIAMI - An insured is entitled to $803,422.50 in attorney fees from its insurer for successfully litigating a coverage dispute regarding defective work claims, a Florida federal magistrate judge recommended Nov. 14 (Pavarini Construction Co. [SE] Inc., individually and for the use and benefit of Steadfast Insurance Co. v. ACE American Insurance Co., No. 14-20524, S.D. Fla.; 2016 U.S. Dist. LEXIS 157958).



Insurer, Contractor Argue In Oregon High Court Over Duty-To-Defend Standard
SALEM, Ore. - In briefs filed in the Oregon Supreme Court, a general contractor and an insurer debate whether the determination of the duty to defend in an underlying construction defects lawsuit properly included an examination of extrinsic evidence as to the contractor's insured status, or whether only the complaint's specific allegations should be considered (West Hills Development Co. v. Chartis Claims, Inc., et al., No. S063823, Ore. Sup.).



Alabama Supreme Court: Negligence Claim Against Insured Meant For Arbitration
MONTGOMERY, Ala. - A condominium association's breach of warranty and negligence claims against a contractor, its subcontractor and their surety are subject to mandatory arbitration under the language of the contract between the association and the contractor, the Alabama Supreme Court affirmed Oct. 21 (The Hanover Insurance Co., et al. v. Kiva Lodge Condominium Owners' Association Inc., No. 1141331, Ala. Sup.; 2016 Ala. LEXIS 123).



Federal Judge Denies Default Judgment To Insurer As To Homeowners' Negligence Suit
HAMMOND, Ind. - Noting the possibility of inconsistent adjudications, an Indiana federal judge on Oct. 18 denied an insurer's request for a default judgment against insured contractors because homeowners' underlying negligence lawsuit against them has not been resolved by judgment and the homeowners are named in the coverage dispute (Property-Owners Insurance Co. v. Raymond T. Yagelski, et al., No. 14-267, N.D. Ind.; 2016 U.S. Dist. LEXIS 143914).



Iowa Appeals Panel: Insured's Faulty Work Potentially Constitutes An 'Occurrence'
DES MOINES, Iowa - Claims of an insured subcontractor's defective workmanship that caused damages beyond its own work potentially constitute an "accident" that is an "occurrence" covered by a commercial general liability insurance policy, the Iowa Court of Appeals held Oct. 12, finding that the insurer has a duty to defend (Hudson Hardware Plumbing & Heating Inc. v. AMCO Insurance Co., No. 15-1677, Iowa App.; 2016 Iowa App. LEXIS 1097).



Insured's Defective Work Is Not An 'Occurrence,' Federal Judge Concludes
PHILADELPHIA - Under Pennsylvania law, allegations of an insured's faulty workmanship do not constitute an "occurrence," a Pennsylvania federal judge ruled Oct. 5, finding that a comprehensive business liability insurer has no duty to defend or indemnify an underlying negligent construction lawsuit (State Farm Fire and Casualty Co. v. Kim's Asia Construction, No. 15-6619, E.D. Pa.; 2016 U.S. Dist. LEXIS 138915).



Appeals Panel: Insurer's Defense Over Repairs Was Wrongfully Denied
WEST PALM BEACH, Fla. - In a coverage dispute over water damage to an insured's kitchen, an insurer was wrongfully denied an opportunity to argue that it could repair the damaged property and that hiring a general contractor was unnecessary, a Florida appeals panel ruled Oct. 13, reversing a trial judge's entry of summary judgment to the insured (Prepared Insurance Co. v. David Gal, No. 4D15-1909, Fla. App., 4th Dist.; 2016 Fla. App. LEXIS 15181).



Contractor Cannot Recover Damages From Subcontractor's Insurer, Federal Judge Says
CINCINNATI - A general contractor is not entitled to coverage from a subcontractor's insurer for a portion of damages awarded against the contractor for faulty workmanship by an arbitration panel because the water infiltration damages at issue did not occur during the insurer's policy period, an Ohio federal judge said Oct. 31 (The Weitz Co. LLC v. Acuity, No. 12-855, S.D. Ohio; 2016 U.S. Dist. LEXIS 150433).



Continuous Injury Exclusion Bars Coverage For Insured's Defects, Judge Concludes
SACRAMENTO, Calif. - A "continuous or progressive injury" (CP) exclusion precludes coverage in most of the various underlying construction defects lawsuits filed against two insured subcontractors, a California federal judge ruled Oct. 31 (American Zurich Insurance Co., et al. v. Ironshore Specialty Insurance Co., No. 14-00060, E.D. Calif.; 2016 U.S. Dist. LEXIS 150684).



Judge Allows More Briefing On 'Your Work' Exclusion In Insurance Coverage Suit
ORLANDO, Fla. - A Florida federal judge on Oct. 20 conditionally agreed to reconsider his ruling that a commercial general liability insurance policy precluded coverage for a lawsuit over damage to a condominium complex because the damage was to the contractor's own defective work, asking for more briefing on the "your work" exclusion (Evanston Insurance Co. v. DiMucci Development Corporation of Ponce Inlet Inc. and Towers Grande Condominium Association, No. 15-486, M.D. Fla.).



Judge Dismisses Insurers' Equitable Reimbursement Claim Against Additional Insureds
LOS ANGELES - Commercial general liability insurers failed to allege that they defended "immediately" and "in its entirety" underlying construction defects lawsuits, a California federal judge ruled Sept. 29, dismissing the insurers' equitable reimbursement claim (St. Paul Mercury Insurance Co., et al. v. Del Webb California Corp., et al., No. 16-209, C.D. Calif.; 2016 U.S. Dist. LEXIS 143072).



Panel: Insured's Settlement Bars Subrogated Insurer's Condo Defect Claims
TRENTON, N.J. - The entire-controversy doctrine precludes a subrogated insurer from asserting claims on behalf of its insured against an engineering firm for damage to a condominium because the claims were fully resolved in a prior lawsuit filed by the insured, a New Jersey appeals panel ruled Oct. 20 (Franklin Mutual Insurance Co. as subrogee of Sevastyan Ploshchansky v. Castle Restoration and Construction Inc. and Falcon Engineering Company LLC, No. A-5272-14T2, N.J. Super., App. Div.).



Florida Supreme Court Affirms Panel's Reversal Of $130,600 Appraisal Award
TALLAHASSEE, Fla. - The Florida Supreme Court on Oct. 20 held that insureds' claim for sinkhole damage is governed by the definition of "covered claim'" in Section 631.54(3), Florida Statutes, that was effective May 17, 2011, affirming an appeals court's reversal of a lower court's order confirming a $130,600 appraisal award against the Florida Insurance Guaranty Association (FIGA) (Leandro de la Fuente, et al. v. FIGA, No. SC15-519, Fla. Sup.).



Florida Panel Grants Motion To Enforce Mandate In Sinkhole Coverage Dispute
LAKELAND, Fla. - A Florida appeals panel on Oct. 14 granted a property insurer's motion to enforce a mandate ordering a lower court to enter final judgment in its favor in a sinkhole coverage dispute (Florida Peninsula Insurance Co. v. Maricela Cespedes, No. 2D12-4575, Fla. App., 2nd Dist.; 2016 Fla. App. LEXIS 15238).



Florida Panel Reverses Ruling In Insurer's Favor In Sinkhole Coverage Dispute
DAYTONA BEACH, Fla. - A Florida appeals panel on Oct. 21 reversed and remanded a lower court's ruling in favor of an insurer in a sinkhole coverage dispute, noting that the lower court relied on binding precedent that has since been disapproved by the Florida Supreme Court (Marcial Garcia, et al. v. Tower Hill Signature Insurance Company, No. 5D15-1628, Fla. App., 5th Dist.; 2016 Fla. App. LEXIS 15695).



No Collapse; No Coverage, New York Justice Rules In Breach Of Contract Dispute
WHITE PLAINS, N.Y. - A New York justice on Sept. 30 granted a commercial property insurer's motion for summary judgment in a breach of contract lawsuit filed by its insured, finding that the insured's loss failed to constitute a collapse necessary to trigger coverage under the policy (HB Holdings & Realty Management LLC d/b/a Balsamo Holdings Corp., et al. v. Tower Insurance Company of New York, No. 56804/2015, N.Y. Sup., Westchester Co.).



Insurer Claims It Has No Obligation To Reimburse Other Insurer For Defects Case
ATLANTA - An insurer recently told the 11th Circuit U.S. Court of Appeals that it owed no duty to defend a contractor against construction defects allegations and owes no duty to reimburse the contractor's insurer for defending the contractor in a Florida state suit (Travelers Property Casualty Company of America v. Amerisure Insurance Company, No. 16-11227, 11th Cir.).



This "Suit" Is Defective: Examining An Insurer's Duty to Defend Pre-Litigation "Right To Repair" Construction Defect Claims
By Christopher P. Ferragamo and Alexis P. Joachim I. Introduction A standard commercial general liability (CGL) insurance policy typically provides a policyholder with both defense coverage (which requires the insurance company to defend the insured against certain legal proceedings and pay defense costs outside the limits of the insurance policy) and indemnity coverage for damages caused by bodily injury, property damage, and personal and advertising injuries subject to certain obligations and limitations. The breadth and scope of the insurer's defense obligation is an area of disagreement between policyholders and insurers and one that generates a sizable amount of the insurance coverage litigation filed each year. One such area of disagreement, which is the focus of this article, is whether an insurer is obligated to provide a defense to an insured (e.g. retain and pay defense counsel costs and expenses) when traditional litigation has not actually been commenced against an insured. With the enactment of "Right to Repair" statutes in thirty-two states - which require homeowners to comply with certain "pre-litigation" measures before filing a lawsuit against a homebuilder - the issue over an insurer's obligation to defend a homebuilder-insured during this "pre-litigation" process has become a focal point of disputes between insureds and their insurers.



Judge: Potential Conflicts In Insurance Coverage Do Not Require Independent Counsel
SAN DIEGO - Potential conflicts of interests between an insurer and an additional insured do not require the appointment of independent counsel in an underlying construction defects lawsuit, a California federal judge ruled Sept. 29, also granting summary judgment on breach of contract and bad faith claims (St. Paul Mercury Insurance Co. v. McMillin Homes Construction Inc., et al., No. 15-1548, S.D. Calif.; 2016 U.S. Dist. LEXIS 134972).



11th Circuit: Insured's Alleged Defective Roof Work Does Not Constitute 'Property Damage'
ATLANTA - A commercial general liability insurer had no duty to defend or indemnify a contractor in an underlying lawsuit seeking to recover the costs of repairing and replacing roofing work installed incorrectly by an insured subcontractor because the costs did not constitute "property damage" under the policy, the 11th Circuit U.S. Court of Appeals affirmed Sept. 28 (Core Construction Services Southeast Inc., et al. v. Crum & Forster Specialty Insurance Co., No. 16-10030, 11th Cir.; 2016 U.S. App. LEXIS 17575).



Insureds' Bad Faith Claim Is Not Time-Barred, Iowa Appeals Panel Concludes
DES MOINES, Iowa - A one-year contractual limitations period does not bar insureds' bad faith claim against their insurer, the Iowa Court of Appeals ruled Sept. 28, because the insureds were entitled to file a separate action after an arbitration hearing and had no knowledge that the denial of their claim was premised upon an alleged "secret" policy until the arbitration hearing (Thomas Schlapkohl and Lana Schlapkohl v. American Family Mutual Insurance Co., No. 15-1612, Iowa App.; 2016 Iowa App. LEXIS 1007).



Oregon High Court Affirms Judgment Against Insurer In Water Damage Dispute
PORTLAND, Ore. - Coverage was triggered under a commercial general liability insurance policy for a negligence award against a siding contractor for water damage to a housing complex, the Oregon Supreme Court ruled Sept. 22, upholding a garnish judgment against the insurer in the amount of $433,958.16 (FountainCourt Homeowners' Association v. American Family Mutual Insurance Co., No. 61, Ore. Sup.; 2016 Ore. LEXIS 613).



Judge: 'Your Work' Exclusion Bars Coverage For Insured's Faulty Condominium Work
ORLANDO, Fla. - While Florida recognizes that an insured's defective work on a condominium complex gives rise to an "occurrence" caused by "property damage" under a commercial general liability insurance policy, a Florida federal judge ruled Sept. 13 that the "your work" exclusion extinguishes the insurer's duty to defend and indemnify (Evanston Insurance Co. v. DiMucci Development Corporation of Ponce Inlet Inc. and Towers Grande Condominium Association, No. 15-486, M.D. Fla.; 2016 U.S. Dist. LEXIS 123678).



Judge Denies Certification To Iowa High Court Of Insured's Question On Defective Work
DES MOINES, Iowa - An Iowa federal judge on Sept. 2 denied an insured's request for the Iowa Supreme Court to consider whether comprehensive general liability policies provide coverage for underlying product liability claims when the damages arise from the insured's faulty work (Pella Corp., et al. v. Liberty Mutual Insurance Co., No. 11-00273, S.D. Iowa).



Texas Federal Judge Says Question Of Fact Remains On Insured's Refusal To Settle
HOUSTON - Even though an insurer has shown that it was prejudiced as a matter of law by an insured's conduct in declining a settlement in an underlying lawsuit over a faulty flex connector, a question of fact exists as to whether the insured's refusal to settle was reasonable, a Texas federal judge said Sept. 29 in vacating a prior ruling on the issue (Mid-Continent Casualty Co. v. Petroleum Solutions, Inc., et al., No. 09-0422, S.D. Texas; 2016 U.S. Dist. LEXIS 133972).



Policy Clearly Precludes Loss For Roof Damaged By Wet Rot, Michigan Panel Says
TROY, Mich. - No coverage is owed to an insured seeking coverage for a damaged roof because the cause of the damage was wet rot, which is clearly an excluded cause of loss under the applicable policy, the Michigan Court of Appeals said Sept. 15 (Michigan Battery Equipment Inc. v. EMCASCO Insurance Co., No. 326945, Mich. App.; 2016 Mich. App. LEXIS 1720).



Judge Awards $972,878 In Attorney Fees To Insured Over Construction Defects Suit
PHOENIX - An Arizona federal judge on Sept. 21 awarded $972,878.30 in attorney fees and costs to a contractor and a developer following their successful victory in an insurance coverage dispute concerning an underlying construction defects case (Lexington Insurance Co. v. Scott Homes Multifamily Inc. and Silverbell 290 Limited Partnership, No. 12-02119, D. Ariz.; 2016 U.S. Dist. LEXIS 128806).



Florida Majority Quashes Ruling, Says Court Misapplied, Misinterpreted Statutes
TALLAHASSEE, Fla. - A majority of the Florida Supreme Court held Sept. 29 that an appellate court misapplied a statutory presumption of correctness and incorrectly found that another statute requires a showing of bad faith for an insured to recover attorney fees, quashing and remanding the appellate court's ruling in a sinkhole coverage dispute (Kathy Johnson v. Omega Insurance Co., No. SC14-2124, Fla. Sup.; 2016 Fla. LEXIS 2148).



Insureds' Untimely Notice Absolves Insurer's Duty To Pay For Defects, Judge Says
MOBILE, Ala. - An insurer has no duty to pay a state court default judgment against insureds because the insureds failed to provide timely notice of the underlying defective construction lawsuit, an Alabama federal judge ruled Sept. 26 (Landmark American Insurance Co. v. White-Spunner Construction Inc., et al., No. 16-00032, S.D. Ala.; 2016 U.S. Dist. LEXIS 131013).



Judge: Complexity Of Underlying Suits Weighs In Favor Of Staying Coverage Action
DULUTH, Minn. - Finding that the complexity and the preliminary nature of underlying defective product lawsuits weigh in favor of temporarily staying an insurance coverage dispute, a Minnesota federal judge on Sept. 26 granted the insured's motion to stay the insurer's declaratory judgment suit (National Union Fire Insurance Company of Pittsburgh v. Viracon, Inc., No. 16-482, D. Minn.; 2016 U.S. Dist. LEXIS 131732).



Subrogated Insurers' Equal Protection Clause Claim Fails, 8th Circuit Affirms
ST. LOUIS - Subrogated insurers who paid out water damage claims to insured tenants did not suffer the same damages as uninsured tenants of the same building, the Eighth Circuit U.S. Court of Appeals affirmed Sept. 6, affirming summary judgment for the City of Minneapolis on the insurers' equal protection clause claim (American Family Insurance Co. and Liberty Mutual Insurance Co. v. City of Minneapolis, No. 15-3216, 8th Cir.; 2016 U.S. App. LEXIS 16336).