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Insurance Claims

Conway & Mrowiec regularly advises and represents clients on general liability and professional liability insurance claims.  Examples are:

Hotel

Obtained summary judgment on behalf of general contractor as Additional Insured on duty of subcontractor’s commercial general liability insurer to defend from owner’s underlying complaint alleging water damage from allegedly defective work finding “occurrence” and “property damage” in $9 million claim.

Allegedly Defective Work Defense

Successfully represented construction contractor in bad faith suit against insurer recovering all defense expense in underlying suit and fees to prosecute claim against insurers.

Crane Collapse

Represented concrete contractor on tender of defense and indemnity to Owner-Controlled Insurance Program’s liability insurer, contractor’s comprehensive general liability insurer and property insurer including prosecution of coverage action against property insurer for claims by crane supplier to contractor of destruction and rent and prosecution of contractor’s acceleration and payment claim and litigating with OCIP builder’s risk carrier regarding delayed and inadequate payment after crane collapse and suspension of work by governing authorities on mixed-use high rises.

Crane Collapse

Represented construction manager on tender of defense and indemnity to owner’s and concrete contractor’s insurers and prosecution of extended duration and additional services claim.

Insurer Bad Faith

A contractor’s insurance carrier paid out on a relatively small property damage claim, but in the course of pursuing a subrogation recovery against the contractor’s subcontractors, the insurance carrier released all of the contractor’s claims against those subcontractors.  The released claims included millions of dollars in liquidated damages and cost overruns.  The contractor successfully recovered from the insurance carrier, using bad faith and breach of contract theories.