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Brandon Mall Recovers Fees and Costs Following Jury Verdict

Mack McCormick represented the Brandon Mall in its cross claim against its roofing contract, Ramcon, LLC. Ramcon, LLC refused to honor its contractual obligation to defend and indemnify the mall when one of the mall’s patron’s slipped, fell and pursued a personal injury lawsuit. Moreover, the roofing contractor’s insurance carrier also refused to defend and indemnity the mall even though it was an additional insured under its policy. Ramcon argued the Plaintiff’s fall did not come from its roofing services. Following a five day jury trial in which the jury found Ramcon 50% at fault for causing Plaintiff’s damages (1% would have been sufficient to trigger the indemnification and insurance provisions), Ramcon’s insurance carrier paid the entirety of the jury verdict and all of the mall legal fees and expenses.

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