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Westfield Has No Duty to Defend or Indemnify in Construction Defect Case Involving Faulty Masonry Work
May 22, 2019 General
Attorney David Osborne won summary judgment after the court declared that Westfield Insurance Company had no duty to defend or indemnify several insured contractors in a construction defect case involving defective masonry work, at a large condominium project. The Plaintiff Board of Directors of the Condominium Association claimed damages over […]
Attorney David Osborne won summary judgment after the court declared that Westfield Insurance Company had no duty to defend or indemnify several insured contractors in a construction defect case involving defective masonry work, at a large condominium project. The Plaintiff Board of Directors of the Condominium Association claimed damages over $6,000,000.00. The court accepted our argument that the underlying complaint seeks recovery for property damage to the buildings, and the allegations of damage to residents’ property were simply an attempt to bolster the claims in an attempt to expand the dispute, and that the Plaintiff has not made a showing of property damage within the meaning of the Westfield policy.