Stutman Law Defeats Waiver of Subrogation Summary Judgment Motion Resulting in $925,000 Recovery

Stutman Law recovered $925,000.00 from contractors responsible for the failure of a flange on a large ductile iron water supply line in a hotel in New Hampshire. Stutman Law’s investigation, including the use of metallurgical analysis and exemplar testing, established that the flange separated from the ductile iron supply line because the installers failed to follow the flange manufacturer’s installation instructions. The defendant construction contractors argued that the plaintiff’s claims were barred by a waiver of subrogation provision in the contract for the construction of the hotel and filed motions for summary judgment. Stutman Law argued that the waiver of subrogation did not apply to claims arising under policies covering the hotel after its “substantial completion.” The court denied the defendants’ motions for summary judgment finding that a genuine issue of material fact existed regarding whether the parties intended the waiver of subrogation provision to apply to policies covering the completed hotel. After losing their summary judgment motion, the defendants settled the case with Stutman Law. The court’s opinion, Continental Western Insurance Company v. Opechee Construction Corporation, et al., 2015 WL 5838408, can be found here.

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