Judge Says Insurer’s Claims Were Justiciable, Denies Attorney Fees To Insured
(November 17, 2015, 12:50 PM EST) -- ELIZABETH CITY, N.C. — A professional liability insurer asserted justiciable claims for declaratory judgment and breach of contract against an insured regarding a dispute arising out of a foundation design error, a North Carolina federal judge ruled Nov. 12, denying a motion for attorney fees (Westchester Surplus Lines Insurance Co. v. Clancy & Theys Construction Co., No. 12-636, E.D. N.C.; 2015 U.S. Dist. LEXIS 153137).
(Order available. Document #69-151204-022R.)
Clancy & Theys Construction Co. and Brasfield & Gorie served, pursuant to a joint venture agreement, as...