Paragon v. Weber-Madgwick

Following a flood at a condominium project which caused over $2 million in damages, developer Paragon and its insurer, North American Specialty Insurance Company sued defendant Weber-Madgwick for contractual indemnity and subrogation, claiming that the defendant’s grading operations on the project created an artificial dam which flooded after being filled with rain water.Weber-Madgwick contended that Paragon had failed to take the necessary protections against rain and erosion control and also contended that a release signed by the parties after the flood provided Weber-Madgwick with a complete defense to all claims.

The affirmative defense of the release was bifurcated and tried as a court trial.

Demand
Offer
Verdict Judge Thomas L. Willhite found in favor of the defendant and Weber-Madgwick submitted a claim for attorneys fees based upon the terms of the release agreement.
Insurer Lloyds of London

Long Beach

4500 E. Pacific Coast Highway, 4th Floor
Long Beach, CA 90804

San Francisco

601 California St., Suite 704
San Francisco, CA 94108

Sacramento

Gold River Office Center
11341 Gold Express Drive, Suite #110
Gold River, CA 95670

Walnut Creek

1350 Treat Blvd., Suite 400
Walnut Creek, CA 94597