John Palmeri and Mary Byrne Fletcher's motion for summary judgment in an insurance/bad faith case is profiled in the December 21st issue of Defense Research Institute's weekly e-newsletter, The Voice. The dispute surfaced after a water pipe failed during construction of a 41-story residential project in downtown Denver, causing damage throughout the building. Although the piping was replaced and the insurance company paid for water damage caused by a failed pipe, the plaintiff, an additional insured subcontractor under a builders' risk policy, alleged the insurance company breached the policy by denying reimbursement of the costs to remove and replace the piping.
Ultimately, the court rejected plaintiff's argument and granted the motion for summary judgment in its entirety and entered judgment in the insurance company's favor.
Please click here to read the article in The Voice