Jury Finds in Favor of Insurer in Breach of Contract Claim

The plaintiff, represented by former Georgia Governor Roy E. Barnes, suffered water loss damage to his property. The defendant home repair business was retained to mitigate the water damage and dry out the property. The plaintiff contended that the home repair business failed to properly handle the task, which resulted in the growth of mold in the structure. The plaintiff also contended that the defendant insurer, our client, was liable for its refusal to pay for the additional damage and failure to properly supervise and control the home repair business. The insurer filed a motion for summary judgment on multiple counts, including the suit-limitation provision and the fact that the plaintiff’s claims were beyond the scope of the insurer’s obligations under the policy. The trial court denied the insurer’s motions but granted a right of interlocutory appeal. The plaintiff opposed the interlocutory appeal and the Court of Appeals denied the insurer’s motion. The plaintiff later claimed bodily injury. Prior to trial, our attorneys were able to block the plaintiff’s medical and injury claims. After a two-week trial, the jury ruled in favor of our client on all of the plaintiff’s remaining claims.


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