2 total
Summary judgment denied in vehicle fire claim due to triable issues regarding arson and false statements.
The plaintiff brought a motion for summary judgment against his insurer after it denied coverage for his vehicle, which was destroyed by fire.
The insurer alleged the plaintiff made wilfully false statements, committed arson, and used the vehicle purchase to launder money.
The court dismissed the motion, finding genuine issues requiring a trial regarding the plaintiff's insurable interest, whether the fire was accidental, and the insurer's allegations of false statements, noting significant evidentiary gaps and inconsistencies that could not be resolved on a summary basis.
Summary judgment denied as liability waiver signed for child's gymnastics class did not clearly bar parent's personal injury claim.
The defendant brought a motion for summary judgment to dismiss the plaintiff's personal injury action on the basis that she signed a liability waiver.
The plaintiff was injured while supervising her toddler at the defendant's gymnastics facility.
The court found that the waiver was ambiguous as it focused on the participating child and did not clearly extend to the plaintiff personally.
The ambiguity was construed against the defendant, and the motion for summary judgment was dismissed.
