Repairing Wrongful Judgment

Marc Zimet was called in to defend a breach of contract and construction defect claim against the insured subcontractor, arising out of the waterproofing of a concrete roof parking deck after the court had entered judgment against the insured in excess of $450,000.00.

The plaintiff alleged the insured’s work failed to stop the existing water leaks throughout the property causing extensive damage and loss of rents. Through subpoenas issued to several adjusters who had handled a previous landlord tenant dispute regarding the same property and plaintiff’s deposition testimony, Marc was able to show that the majority of the claimed damages occurred prior to the insured’s work. Consequently, all claims were settled against the insured for $40,000.