Emergency Banner

Summary Judgment in Construction Defect Case

Caryn Bellus and Barbara Fox, of the Miami office, prevailed on a Motion for Summary Judgment, on behalf of a construction defect insurer. Caryn and Barbara sought a declaratory judgment that the Insured, a general contractor, was not entitled to coverage for personal injuries resulting from exposure to construction-related dust. The Insured fought the Summary Judgment motion, arguing in part, that the Insurer was estopped from denying coverage because its agent told the Insured the claim would be covered. However, at the hearing, the trial judge agreed with Caryn and Barbara’s argument that the Policy’s “pollution exclusion” applied and the trial court ruled that the Insurer had no duty to defend or indemnify its Insured. Steve W. Cornman, of the Miami office, assisted in discovery which helped set the stage for Caryn and Barbara’s successful motion.

Share Now:

Subscribe to our Newsletter

Recent Posts

Webinar Debrief - To Appeal or Not Appeal: What’s Appealable and When
Did you miss our recent webinar on appeals? Here are few takeaways: Determining whether—and when—an order can be appealed requires a careful and nuanced...
Connect with KD team at the Academy of Hospitality Industry Association (AHIA) Fall Meeting!
Barbara Fox and Francesca Ippolito-Craven from our Miami office will represent our team at the Academy of Hospitality Industry Association (AHIA) Fall...
Michelle Krone Represents KD at The 8th Annual Construction & Design Risk and Claims ExecuSummit
Michelle Krone from our Fort Myers office attended The 8th Annual Construction & Design Risk and Claims ExecuSummit, held October 28–29, 2025 in Connecticut....

Only PDF, JPG or GIF can be uploaded.

Search Results Will Show Here

Subscribe To Our Newsletter