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Thursday, November 29, 2012

Ind. Courts - "Judge rules against county in Madison Courthouse fire damage lawsuit"

Evan Shields of the Madison Courier reports:

A Scott County judge on Monday ruled in favor of the defendants in a lawsuit seeking damages stemming from the 2009 Jefferson County Courthouse fire.

The Jefferson County Board of Commissioners filed the suit for damages against Teton Corp., Innovative Roofing Solution Inc., Gutapfel Roofing Inc. and Daniel L. Gutapfel, whom they alleged were working on the Courthouse when a fire ignited in May 2009, causing extensive damage to the building.

The ruling was made after all members of the lawsuit filed motions for summary judgment, which would allow Scott County Circuit Court Judge Scott Duvall to make a ruling if there is no matter of law involved.

According to the judge's ruling, the commissioners were obligated to provided insurance to cover the remodeling project, but chose not to obtain a separate policy, meaning the Courthouse was covered by the county's general insurance plan at the time of the fire.

Duvall continued, saying that both the commissioners and Teton Corp. waived the right to seek recovery of any loss covered by the insurance policy.

After granting the summary judgment motions for the defendants, Duvall ruled the motion filed by the commissioners to be moot.

See this ILB entry from Aug. 8, 2011 that links to a striking photo of the courthouse cupola engulfed in flames.

Posted by Marcia Oddi on November 29, 2012 03:34 PM
Posted to Indiana Courts