Slew of Construction Companies Hit with Insurance Policy Class Action
Last Updated on May 8, 2018
Cincinnati Insurance Company v. Atrium Builders Inc et al
Filed: November 14, 2016 ◆§ 2:16-cv-03603-DCN
Cincinnati Insurance Company has filed a class action against a host of real estate development and construction companies in connection with property damage.
Cincinnati Insurance Company has filed a class action against a host of real estate development and construction companies in connection with property damage reportedly stemming from shoddy renovation work the plaintiff claims it is not obligated to cover.
The defendants in the suit are, among others:
- Atrium Builders, Inc.
- Linden Construction of South Carolina, Inc.
- Atrium Builders Inc./Linden Construction of South Carolina Inc. Joint Venture
- Ecovest Charleston, LLC
- Ecovest Development, LLC
- Ecovest S&S Shelmore Development, LLC
- Meeting Street at Shelmore Property Owners Association, Inc.
According to the complaint, renovation work was performed by the Atrium Builders and Linden Construction joint venture. The plaintiff issued a commercial general liability coverage policy only to Atrium Builders, effective from January 2013 through January 2016.
A lawsuit was filed in October 2015 against the defendants after inspectors found a plethora of deficiencies and building code violations, for which the Atrium/Linden Construction joint venture was reportedly responsible. After this suit was filed, defendants Ecovest Development and Ecovest S&S then filed a cross-claim against Atrium for damages.
The plaintiff summarily claims it is not obligated to pay for property damaged stemming from the above-mentioned renovation work because it entered into a policy agreement solely with Atrium Builders, and that the Atrium/Linden Construction joint venture is not insured through this agreement.
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