Court Says 'Hidden Decay' Question Precludes Summary Judgment

NASHVILLE, Tenn. - A federal judge has denied an insurer's motion for summary judgment, ruling that a factfinder will have to resolve a question as to whether decay of beams and other structural components was hidden from inspectors. <i.State Automobile Mutual Insurance Co. v. R.H.L Inc., No. 07-1197 (W.D. Tenn.).

In denying the motion on March 12, Judge J. Daniel Breen of the U.S. District Court for the Western District of Tennessee rejected the insurer's argument that damage would have been visible in a crawl space, saying Tennessee has not adopted the objective standard urged by the carrier.

State Automobile …