Federal Judge Allows Certain Claims To Proceed To Trial In Windstorm Coverage Suit

Mealey's (October 6, 2015, 8:11 AM EDT) -- NASHVILLE, Tenn. — Ruling on competing summary judgment motions in a windstorm insurance coverage dispute, a Tennessee federal judge on Sept. 24 refused to grant a commercial property owner insured’s motion for summary judgment on its breach of contract, bad faith refusal to pay and equitable relief claims, holding that the insurer and its affiliate are barred from relying on their statute of limitations, improper party and lack of ownership defenses at trial (Imperial Park LLC and Rerun of Tennessee LLC v. Penn-Star Insurance Co., et al., No. 14-609, M.D. Tenn.; 2015 U.S. Dist. LEXIS 128328)....