Lacey Conn Wins Summary Judgment for Insurer in Bad Faith and Breach of Contract Action

TT&H Attorney Lacey Conn recently won summary judgment in the Accomack County Circuit Court.  The case involved an allegation that Lacey’s client, an insurer, had wrongfully denied a homeowner’s claim.  The homeowner returned from vacation to find her home covered in mold approximately nine months after having a new HVAC system installed.  The insurer denied the claim, asserting several policy defenses.  The homeowner then brought suit against both the HVAC company and the insurer, alleging breach of contract and bad faith against the latter Defendant.  The HVAC company eventually settled with the homeowner.  Granting a Motion for Summary Judgment filed by Lacey, the Circuit Court agreed that the settlement agreement and release irrevocably prejudiced the insurer’s right to subrogation.  Accordingly, pursuant to the terms of the policy, the insurer was entitled to judgment as a matter of law.

Questions about this case can be directed to Lacey Conn at (571) 464-0433 ext. 8433 or lconn@tthlaw.com.