The Monson Law Firm recently delivered a victorious coverage Motion for Summary Judgment in the case of “J. Calderera & Company, Inc. v. Triumph Construction, L.L.C. and Atain Specialty Insurance Company”. In this case, plaintiff sought $435,000 in damages against Triumph Construction when Triumph allegedly did not show as scheduled to pour concrete for a construction project at a local high school. In granting Atain Specialty Insurance Company’s Motion for Summary Judgment, the court accepted The Monson Law Firm’s arguments that there was no “occurrence” under the policy and that there was no coverage under the policy for plaintiff’s claims for breach of contract. The court also considered the “Damage to Your Work” and “Damage to Impaired Property” exclusions, and held that Atain did not owe coverage to Triumph or payment to Calderera for these sums. Many thanks to Emmanuel Manuelidis, Jeff Ditmar and Atain Insurance Companies for this assignment and opportunity!
Please click here for a copy of the judgment. The Monson Law Firm MSJ Victory – Calderara
