Friedman, Dazzio, Zulanas & Bowling space Friedman, Dazzio, Zulanas & BOWLING, P.C. BIRMINGHAM OFFICE 3800 CORPORATE WOODS DRIVE, BIRMINGHAM, ALABAMA 35242 P 205-278-7000  F 205-278-7001 Friedman, Dazzio, Zulanas & BOWLING, P.C. MONTGOMERY OFFICE 401 MADISON AVENUE, MONTGOMERY, ALABAMA 36104 P 334-387-0529
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Friedman Attorneys Win Summary Judgment In Coverage Case Involving Wrongful Death Claim

Chris Zulanas and Jess Boone won summary judgment in a breach of contract and declaratory judgment action arising out of a wrongful death claim. In the case, a large manufacturer attempted to enforce a defense and indemnity agreement between it and a small contractor. The contractor's employee died as a result of a fall through a roof while roofing a building located at one of the manufacturer's facilities. After it was sued by the deceased employee's estate in a wrongful death lawsuit, the manufacturer sued the contractor and its insurance company seeking to force them to defend and indemnify it against the wrongful death claim. The manufacturer attempted to transfer the entire financial risk of the fall to the contractor and its insurance company. The contractor and insurer defeated the manufacturer's motion for summary judgment and won summary judgment in their favor on their counterclaims. The rulings resulted in a dismissal of the manufacturer's claims and judicial decisions that the contractor did not breach any indemnity agreement and that its insurer did not owe defense or indemnity to the manufacturer.


Contributing Author:

Christopher J. Zulanas
Christopher J. Zulanas, Shareholder
Email Address czulanas@friedman-lawyers.com
Direct Line 205-278-7050
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Jess S. Boone
Jess. S. Boone, Shareholder
Email Address jboone@friedman-lawyers.com
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