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County of Imperial v. RSM2 Contractors, Inc.

The firm represented the general contractor in disputes concerning the destruction by fire of a $1.5 million public project that was 99 percent complete.  The public entity owner and its insurance carrier claimed the general contractor was contractually obligated to obtain builder’s risk insurance coverage for the loss and despite not having it, was responsible for the cost to rebuild.  The firm argued the existence of duplicate coverage through a public entity risk sharing policy absolved the contractor of liability for the alleged failure to obtain insurance.  Following mediation and a series of negotiations, the firm’s client avoided liability for the loss with insurance carriers paying the firm’s client to rebuild the project.

Counsel: P. Randolph Finch Jr. and Allison N. Lantz

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