Galloway Johnson Tompkins Burr & Smith secured a favorable resolution through a Motion for Summary Judgment in a coverage dispute. Director James Prather and Special Counsel Frances McGinnis in Galloway’s Mandeville office delivered pragmatic representation to achieve the outcome that aligned with the business and legal objectives of Galloway’s client.
Roofing Case Background
In this case, the insured entered into a contract with the commercial property owner to install a roof. The property owner alleged that during the process, the roof was left open with insufficient cover, allowing in rain that damaged the building interior. In the lawsuit, the Plaintiff owner further alleged the completed roof was deficient, could not be repaired, and had to be replaced.
As coverage counsel for the insurer, Galloway filed a Motion for Summary Judgment that the Breach of Contract Exclusion, added by endorsement, excluded coverage for all claims, including damage to property resulting from the insured’s work on the roof. Although the plaintiff pleaded both an action in tort and an action in contract, the alleged negligence arose from a duty to competently repair the roof—a duty imposed by the contract and a duty personal to the plaintiff.
The court agreed with Prather and McGinnis’ argument, granting summary judgment in favor of Galloway’s client that the breach of contract exclusion applied to both the tort claims and contractual claims against the insured.
Coverage Defense in Louisiana
Backed by decades of experience and expertise, Galloway has been recognized as a premier coverage defense firm in the Gulf South and Midwest. Attorneys like Prather and McGinnis have represented clients in complex coverage disputes with responsiveness, sophisticated strategy, and tenacity.
With more than 30 years of experience, James Prather quickly evaluates a case, sees the end game, then develops a litigation strategy to achieve the desired outcome. He has devoted his practice to preserving business and insurance interests in Louisiana, focusing on property, casualty, insurance coverage, and construction defect matters.
Frances McGinnis is tenacious and thorough. Her coverage experience provides the necessary background for analyzing claims under the policy, obtaining declaratory judgments where coverage is precluded or excluded.
Galloway Johnson Tompkins Burr & Smith delivered another favorable result in Louisiana, bolstering its reputation for sophisticated representation in complex and high-value matters.
