Peacock Piper Tong + Voss LLP partners Al Peacock and Tara Voss and associate attorney Samantha Mahoney represented a farm owner in a breach of contract claim against its property manager. The property manager developed a portion of the farm and caused a landslide onto the neighboring property. When the farm owner was sued by its neighbor, the farm owner tendered its defense and indemnity to its property manager under the terms of their Farm Management Agreement. The property manager and it insurer rejected these tenders, so the farm owner cross-claimed against the property manager. Following a jury trial on the underlying landslide case in which both the land owner and its property manager were found partially at fault, the court held a bench trial on the cross-claim. The court found that the property manager breached its contract by failing to defend and by failing to name the landowner as an additional insured on its liability insurance policy and awarded the landowner $493,642.50 in defense attorneys’ fees. In addition, the landowner is entitled to recover its attorneys’ fees as the prevailing party on the cross-claim under the terms of their contract.
Author: Peacock Piper Tong + Voss LLP
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