News & Events

Summary Judgment on Behalf of Insurer

Commercial Litigation attorneys A. David Fawal and Matthew A. Barley recently obtained summary judgment on behalf of an insurer in the Circuit Court of Franklin County, Alabama. The insurer was being sued for bad faith, breach of contract and negligence stemming from the denial of the plaintiffs’ insurance claim for building defects to plaintiffs’ home. The plaintiffs pursued a novel theory that the insurer had “selected” the builder to repair their house from a previous fire loss, and therefore, the insurer should be responsible for later construction-related damages in the house. Fawal and Barley argued that after a proper and timely investigation, and relying on the opinion of an expert, the insurer determined that the plaintiffs’ claims fell outside the scope of the insurance policy and denied the claim, and further, that under Alabama law there are no claims for negligent claim handling or selection of a contractor. After briefing and oral argument, the court agreed and granted summary judgment in favor of the insurer.