Conway Stoughton LLC is excited to announce that its first-party insurance coverage practice group, led by Attorney Heather Adams, recently received a judgment in favor of a global insurer against an insured’s claims that the insurer failed to honor its contractual obligations to provide coverage for physical damage to a 40,000 square foot warehouse allegedly caused by two separate inclement weather events.  Although the insurer initially covered the insured’s property damage claim, the insured’s supplemental investigation and construction work allegedly revealed additional covered damage outside the scope of the initial adjustment namely, the need to remediate previously undetected asbestos and lead as well as the need to reconstruct a warehouse wall due to engineering issues caused by the construction work within coverage. The insured’s lawsuit followed.
At trial, Attorney Adams, joined by Attorney Chris Williams, argued that the insured’s claim had been adjusted pursuant to the operative insurance policy’s terms and that, even if the insured had colorable grounds upon which to supplement or expand the scope of coverage, it had failed to meet its policy obligations to advance such claims. The Court ultimately agreed with the insurer’s defense and, in rendering judgment in the insurer’s favor, held the insured to its obligations under the policy. Conway Stoughton LLC is particularly proud of this outcome as the current judicial environment heavily favors finding coverage for insureds no matter the policy terms – a tide Attorney Adams was able to stem through her advocacy.