Commercial Property Insurer – Summary Judgment Granted in Commercial Property Insurance Coverage Litigation

The Eastern District of Tennessee granted summary judgment to our client, a property insurer, in an insurance coverage dispute.  The District Court held that the commercial property insurance policy at issue was void for lack of an insurable interest following the sale of the covered apartment building by the insured without notifying our client, the policy was not assignable without our client's written consent, and the purchaser was not an assignee or an intended third-party beneficiary of the policy.  The purchaser appealed, however the Sixth Circuit Court of Appeals affirmed the decision by the Eastern District of Tennessee granting summary judgment to our client.