Court Erred In Rejecting Concurrent Cause Argument, Subrogee Insurer Argues

Mealey's (April 26, 2023, 11:13 AM EDT) -- ATLANTA — The 11th Circuit U.S. Court of Appeals should reverse a federal district court’s grant of summary judgment in favor of an insurer in a coverage dispute over payment of policy claims made by a joint venture that oversaw a construction project at a water reclamation facility because a subrogee insurer is seeking to recover damages not solely for design defects, but for damages caused by a combination of policy-excluded design defects and “covered hydrostatic pressure,” the subrogee insurer argues in a reply brief filed in the appellate court....