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.
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| 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 |