Strong and Hanni

Paul Belnap, Andrew Wright and A.J. Sano successfully defend appeal
Paul Belnap, Andrew Wright and A.J. Sano successfully defend appeal of a summary judgment on behalf of client.
3/18/2008 2:45:30 PM

Paul M. Belnap, Andrew D. Wright and A.J. Sano of Strong & Hanni’s Insurance Coverage and Bad Faith Litigation Practice Group successfully defended an appeal of an insurance coverage case at the Tenth Circuit Court of Appeals.  The appeal arose from the question of whether claims for trespass, unlawful entry and wrongful eviction could qualify as “personal injury” or “advertising injury” under a homeowners association policy such that an insurer should have defended the insured in a lawsuit.  The Utah Federal District Court granted summary judgment in favor of the insurer on the coverage issues and on the basis that the insured’s late tender of defense prejudiced the insurer such that it had no duty to defend.  The district court opinion can be found at Chimera Inv. Co. v. State Farm Fire & Cas. Co., 2006 U.S. Dist. LEXIS 71839 (D. Utah, Sept. 28, 2006). The Tenth Circuit affirmed the trial’s court entry of summary judgment in favor of the insurer on the coverage issues.  The Tenth Circuit opinion can be found at Chimera Inv. Co. v. State Farm Fire & Cas. Co., 2008 U.S. App. LEXIS 5212 (10th Cir. 2008).