Successful defense of property insurance claims by public entity following subsidence of municipal library
Cleveland Public Library v. Hartford Financial Services
We represented a commercial property insurer in a multi-million dollar coverage dispute arising from subsidence damage to a public library building in Ohio. The damage to the insured property was caused by negligent design and failure to provide adequate soil support and de-watering measures as part of a construction project on adjoining lands. After being retained late in the litigation, we wrote motions for summary judgment that enabled our client to defeat the insured's claims alleging promissory estoppel, negligent misrepresentation and "bad faith." After five weeks of trial in Ohio, the jury returned a verdict in favor of our client finding prejudicial late notice of the claim. The Circuit Court of Appeals affirmed the District Court judgment.