Alabama Supreme Court: Negligence Claim Against Insured Meant For Arbitration
Mealey's (October 24, 2016, 12:41 PM EDT) -- MONTGOMERY, Ala. — A condominium association’s breach of warranty and negligence claims against a contractor, its subcontractor and their surety are subject to mandatory arbitration under the language of the contract between the association and the contractor, the Alabama Supreme Court affirmed Oct. 21 (The Hanover Insurance Co., et al. v. Kiva Lodge Condominium Owners’ Association Inc., No. 1141331, Ala. Sup.; 2016 Ala. LEXIS 123).
(Opinion available. Document #69-161104-007Z.)
On March 23, 2009, Kiva Lodge Condominium Owners’ Association Inc. contracted with Hudak & Dawson Construction Co....