Successful summary judgment motion leads to favorable settlement in a declaratory judgment action

The Firm was retained to represent a general contractor in a Declaratory Judgment Action arising out of an insurer’s denial of our client’s tender of defense with respect to an underlying lawsuit involving alleged construction defects. Our client tendered the defense of the underlying action to the insurer based on its status as an additional insured under a policy issued to one of our client’s subcontractors. The underlying construction defect matter settled during the course of the DJA litigation. The parties in the DJA subsequently brought cross-motions for summary judgment. The court granted our motion for summary judgment with respect to the insurer’s duty to defend our client and, while the court determined that fact issues prevented summary judgment on the issue of the insurer’s obligation to indemnify our client completely, the court’s order implied that our client could well be in a favorable position on the indemnity issue should the matter proceed to trial. Based on the favorable summary judgment ruling, the matter was subsequently resolved through mediation with our client and its insurer recovering not only the underlying defense costs, but also a substantial portion of the amount paid to settle the underlying construction defect claim.

Pfefferle Kane LLP welcomes David Watson as an Associate

Pfefferle Kane LLP is pleased to announce David Watson has joined the Firm as an Associate Attorney. Prior to joining Pfefferle Kane, David served as the judicial law clerk for the Honorable Sarah E. Hennesy in the Seventh Judicial District of the Minnesota Judicial Branch. David’s practice will focus on property subrogation, construction litigation, insurance coverage, and insurance defense litigation. Welcome David!

Pfefferle Kane LLP resolves a $600,000 fire loss

Pfefferle Kane LLP negotiated a settlement on a nearly $600,000 fire loss involving a failure in a circuit board of an uninterruptible power supply in a data center for an insurance company in Madison Wisconsin.  Pfefferle Kane LLP was able to achieve a favorable pre-suit settlement after presenting the defense with expert opinions and detailed information with regard to our client’s damages.

Pfefferle Kane LLP reaches mediated settlement on $1.3 million fire loss

Mediated settlement negotiated on a $1.3 million fire loss involving a business in central Iowa.  Despite significant fire damage, the team of experts assembled to investigate the loss were able to determine the cause of the fire and identify the responsible party.  Settlement was achieved by presenting the defense with detailed expert reports and deposition transcripts establishing the defendant’s liability for causing the fire.  Pfefferle Kane LLP had the forensic engineer from the investigation attend the mediation to assist the mediator in understanding the specific cause of the fire and to address any questions or contrary information raised by the defense.