Summary Judgment Granted On Behalf Of Local Insurance Broker
David A. Melton and Ashley M. Wisniewski won summary judgment on behalf of a local insurance broker. Summary judgment was granted by the United States District Court arising out of a cross-claim on an adversary proceeding in bankruptcy court. The debtor was a general contractor who alleged causes of action for negligence, equitable indemnity, and breach of fiduciary duty. The general contractor was seeking bankruptcy relief and one of the creditors were homeowners who had paid the contractor to construct a residence. The general contractor then wrongfully blamed the insurance broker for not procuring the right type of insurance for him. Although the claims against the insurance broker were false, the Court agreed that the statute of limitations had run on all causes of action and judgment was entered in favor of the insurance broker.