Beazley insured an architectural firm that was accused of failing to disclose the likely presence of near-surface rock. When rock was encountered during excavation, the owner sought damages in excess of $200,000 from the architect for rock removal and delays. The architect adamantly, and rightfully, denied any wrongdoing. Beazley retained experienced trial counsel and worked collaboratively with counsel and the client to evaluate the claims and formulate effective defenses. During the almost three years of litigation, the plaintiff continually took unreasonable settlement positions. Where other insurance carriers may have folded to accommodate plaintiff’s demand, Beazley stood steadfast with its insured all the way through several days of trial where a verdict was issued for the insured.
Pre-suit claims were made against a civil engineering firm alleging that the insured’s drainage system caused flooding to the adjacent landowner. The insured’s client also made claims that construction of the project was being delayed by the neighbor’s drainage allegations. Beazley retained defense counsel, who in turn lined up engineering and damage consultants, to evaluate the allegations and begin negotiating a solution that would not impede ongoing construction of the project. The defense team successfully worked with on-site contractors and municipal engineers to identify and implement remediation solutions that minimized and resolved the allegations from the neighbor and the client. Ultimately, the matter was resolved at a pre-suit mediation to the satisfaction of Beazley’s insured.
Beazley’s insured was retained by an architect to consult on Building Code and Accessibility Standards in connection with construction of an apartment building in NJ. Following review and comment upon design documents, the insured received questions regarding its review of bathroom doors, requisite side grab bars and potential code conflicts. The developer advised that retrofit costs could be in the mid to high six-figures. Through the assistance of counsel, the insured and Beazley proactively negotiated a design modification and resolution with the architect, developer, and municipality, whereby the municipality agreed to an alternate design requiring only de minimis retrofits, and the architect and developer waived any potential claim against the insured.
A Beazley-insured civil engineering firm obtained a jury trial verdict finding of no negligence. An apartment complex owner sued a large chain restaurant, claiming that drainage from the adjacent restaurant site was causing flooding at the apartment site. The restaurant, in turn, sued the civil engineer claiming that its design of the site caused the flooding, via claims of contribution and breach of contract. After a week-long trial in Texas, the jury returned a verdict of “no” on the question of negligence as the civil engineer – a complete defense verdict for the civil engineer.