Insurer Can't Shake Contractor's Building Defect Suit

Law360, New York (December 12, 2011, 3:17 PM EST) -- A federal judge in Washington state ruled Friday that Virginia Surety Co. Inc. wrongfully denied a contractor coverage for alleged construction defects at a mixed-use real estate project based on a fungus exclusion, but reserved judgment on the remaining reasons for denial.

In mostly denying both parties' motions for summary judgment, U.S. District Judge Ricardo S. Martinez found that Ledcor Industries Inc. had failed to definitively prove that Virginia Surety had acted in bad faith in invoking “damage to your work” and progressive loss exclusions to...
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Case Information

Case Title

Ledcor Industries (USA) Inc v. Virginia Surety Company Inc et al


Case Number

2:09-cv-01807

Court

Washington Western

Nature of Suit

Insurance

Judge

Ricardo S Martinez

Date Filed

December 21, 2009

Law Firms

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