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Judge: Insureds’ Negligence Claim From Collapse Is Not Precluded By Contract

Mealey's (November 7, 2016, 8:53 AM EST) -- TULSA, Okla. —  Insureds’ negligence claim arising out of damages from a wall collapse are not barred because even if there is a contractual relationship between the insureds and a contractor, the insureds did not assume risk of loss for the collapse of a wall due to the wall’s allegedly negligent construction, an Oklahoma federal judge ruled Nov. 2 (Lexington Insurance Co., et al. v. Newbern Fabricating Inc. and Baucom Concrete Construction Inc. v. Doveland Engineering Co. and Baucom Concrete Construction Inc. v. Commercial Metals Co.,...
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