January 18, 2019

2018 Highlights – Construction Defect

• Pfefferle Kane obtained favorable summary judgment for a general contractor and its insurer securing payment of the cost of defense and attorney’s fees based upon a valid defense and indemnity agreement in the construction contract between the general contractor and its subcontractor allowing Pfefferle Kane’s clients to recover the cost of defense in the underlying construction defect case as well as a substantial portion of amounts paid to resolve the underlying matter.
• Pfefferle Kane obtained a favorable summary judgment order in a declaratory case in United States District Court in which an insured sought coverage for damage to underground pipping for which the insured agreed to assume the cost. Adopting the reasoning set forth by Pfefferle Kane, the court dismissed the insured’s claim under the terms of the applicable insurance policy.
• Pfefferle Kane recently represented a local building owner in a construct defect case involving a severely defective plumbing system. By hiring a team of highly capable experts who meticulously detailed their investigation, testing, and analysis of the cause of the defect, Pfefferle Kane was able to obtain settlement in an amount well in excess of the limits of the contractor’s insurance policy.