Property Insurer’s Improper Installation Defense In Storm Damage Suit Is Permitted

(August 21, 2022, 11:00 PM EDT) -- KANSAS CITY, Mo. — A commercial property insurer is not barred from asserting an improper installation affirmative defense in a breach of contract and vexatious refusal to pay suit arising out of an insured’s claim for damages to its property’s roofs following a wind and hail storm because the assignee of the insured failed to file the motion in limine before the dispositive motion deadline and the insurer maintained all of its rights under the policy to deny coverage, a Missouri federal judge said Aug. 9....