Judge Rules On Dismissal Motions In Row Over Insurance Coverage In Apartment Fire

Mealey's (March 23, 2023, 9:53 AM EDT) -- TOLEDO, Ohio — An Ohio federal judge granted in part a commercial insurer’s motion to dismiss a counterclaim against it in a declaratory judgment suit against its insured over policy rescission after a fire occurred at the insured’s building, finding that the breach of contract, bad faith, declaratory judgment and two agency counterclaims should not be dismissed because the facts are sufficiently pleaded but that the counterclaim regarding agency of the underwriting surveyor should be dismissed because the survey was completed after the policy was issued....