Settlement Agreement For Defect Claims Violated Cooperation Clause, Judge Says
(June 3, 2016, 12:25 PM EDT) -- MINNEAPOLIS — A settlement agreement between an association and an insured general contractor over allegations of defective construction violated an insurance policy’s cooperation clause and, thus, is unenforceable, a Minnesota federal judge ruled June 1 (James River Insurance Co. v. The Interlachen Propertyowners Association and Kuepers Construction, Inc., No. 14-3434, D. Minn.; 2016 U.S. Dist. LEXIS 71825).
(Memorandum opinion and order available. Document #69-160701-001Z.)
On Nov. 28, 2011, the Interlachen Propertyowners Association filed a lawsuit, alleging nine construction defect claims and two negligent design claims against...