Insurer’s Obligation Under Loss Payment Provision Was Not Triggered, Judge Rules

Mealey's (January 29, 2020, 4:19 PM EST) -- FORT MYERS, Fla. — A federal judge in Florida on Jan. 15 denied an insured’s motion for partial summary judgment in its breach of contract lawsuit arising from Hurricane Irma damage to its luxury tennis academy and boarding school, finding that the insurer’s payment obligation under the policy’s loss payment provision was not triggered because there is no evidence that the parties reached an agreement as to the amount of the insured’s loss (Rigby Enterprises LLC v. Westchester Surplus Lines Insurance Company, No. 19-228, M.D. Fla., 2020 U.S. Dist. LEXIS 6769)....