STORY FROM: Superstorm Sandy Insurance Litigation

Commercial Building Owner Not ‘Homeowner’ For Insurance Purposes, Colo. Federal Judge Rules

DENVER — The owner of commercial buildings is not a “homeowner” for purposes of insurance coverage and therefore the applicable statute of limitations applying to breach of contract actions can be contractually shortened, a Colorado federal judge has ruled.

In a Jan. 13 order, Judge Christine M. Arguello of the U.S. District Court for the District of Colorado awarded an insurer summary judgment on a breach of contract claim in a hail/wind storm coverage action, ruling that the claim is time-barred under the policy’s two-year limitation period.

However, the judge denied the insurer summary judgment on the policyholder’s statutory claim ...

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