No Duty To Defend Named Insured For Construction Defect Lawsuit.

Jun 20, 2014 Construction Defect
Chris Pickett: Our client’s named insured was the general contractor for new residential construction. The homeowner sued after claiming that defective construction resulted in water and mold damage to the property, as well as mental suffering related to mold exposure. We obtained summary judgment by arguing that damage to the […]

Summary Judgment: Retained Control of the Defense Despite ROR

May 20, 2014 Defense
Chris Pickett: We represented a CGL insurer who undertook the defense of its named insured for an underlying construction defect claim but was subject to an ROR for damage to the insured’s own work or product.  The insured demanded independent “Peppers” counsel and filed a DJ demanding control of the […]

Appellate Court Affirms Summary Judgment

May 02, 2014 Appeals
Attorneys David Osborne and Chris Pickett won an appeal clearing the path for their client to recover nearly $500,000 in defense fees and indemnity payments from the defendant carrier.  After a construction site accident in 2006, general contractor Alden Bennett Construction Company tendered its defense and indemnity to two different […]